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| Home > Statutes > Usa-Missouri |
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USA Statutes : missouri
Title : OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter : Chapter 445 Plats
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1. Whenever any city, town or village, or any addition to any
city, town or village, shall be laid out, the proprietor of such city,
town or village, or addition, shall cause to be made out an accurate map
or plat thereof, particularly setting forth and describing:
(1) All parcels of ground within such town, village or addition reserved
for public purposes by their boundaries, course and extent, whether they
be intended for avenues, streets, lanes, alleys, commons or other public
uses; and
(2) All lots for sale, by numbers, and their precise length and width.
2. And the streets of all such additions to cities, towns or villages, or
of plats of ground, except plats for cemetery purposes, shall conform to
the streets of such city, town or village, so that the streets and
avenues of such additions or plats shall, as near as may be, run parallel
with or be continuations on a straight line of the streets of said city,
town or village, and all taxes against the property proposed to be
platted shall be paid. (RSMo 1939 § 12804)
Prior revisions: 1929 § 11180; 1919 § 9283; 1909 § 10290
CROSS REFERENCES: Commissioners in partition suit to divide land into
lots, when --map shall be filed, RSMo 528.270, 528.330, 528.550, 528.560
Estate may be divided into town lots and platted, when, RSMo 473.533
(1953) Conveyance of lots by reference to recorded plat on which tract
was designated as private street, creates perpetual easement in such
tract for street purposes in purchasers of lots abutting thereon and
their successors. Larkin v. Kieselmann (Mo.), 259 S.W.2d 785.
(1957) A common law dedication is accomplished when a landowner does some
act which clearly indicates his intention to dedicate the land to public
use and there is an acceptance by the public. Acceptance may be implied
from long use by the public as of right. City of St. Charles v. DeSherlia
(A.), 308 S.W.2d 456.
(1972) Where original owner platted open named roadways reaching each
tract in subdivision and made certain restrictions and reservations but
did not limit the right to use the roadways, purchaser of tract therein
was not limited to use roadways only for residential development and were
entitled to drive their trucks to and from hauling topsoil from their
tract in their home-building operations. Good v. Bennett (A.), 480 S.W.2d
77.
(1974) Held that public has the right to exclusive use of highways for
public purposes and any unauthorized obstruction or encroachment thereon
constitutes a nuisance. State ex rel. State Highway Commission v. Johns
(A.), 507 S.W.2d 75.
Every plat hereafter constructed, which is authorized or
required by law to be recorded, or intended to form part of any
proceedings for the partition of real estate, shall be drawn to a scale,
the scale to be noted on the plat, have written on its face as its title,
and show the block, section, United States survey, or part thereof, it
purports to represent. If the land platted be less than a whole block,
section, or United States survey, the plat shall be corrected in such
manner as to show the position of such land relatively to the remainder
of the block, section, or United States survey, as the case may be; and
if such land be intersected by a quarter-section, section, or United
States survey line, such line shall be indicated on the plat and
distinguished by suitable words and figures, and shall be done in such
manner that the precise location of the land purported to be platted can
be determined on inspecting the plat; provided, however, that the
provisions of this section shall not apply to any plat issued by
authority of the United States, or the state of Missouri. (RSMo 1939 §
12808)
Prior revisions: 1929 § 11184; 1919 § 9286; 1909 § 10293
Such map or plat shall be acknowledged by the proprietor before
some official authorized by law to take acknowledgments of conveyances of
real estate, and recorded in the office of the recorder of deeds of the
county in which the land platted is situated; provided, however, that if
such map or plat be of land situated within the corporate limits of any
incorporated city, town or village, it shall not be placed of record
until it shall have been submitted to and approved by the common council
of such city, town or village, by ordinance, duly passed and approved by
the mayor, and such approval endorsed upon such map or plat under the
hand of the clerk and the seal of such city, town, or village; nor until
all taxes against the same shall have been paid; and before approving
such plat, the common council may, in its discretion, require such
changes or alterations thereon as may be found necessary to make such map
or plat conform to any zoning or street development plan which may have
been adopted or appear desirable, and to the requirements of the duly
enacted ordinances of such city, town or village, appertaining to the
laying out and platting of subdivisions of land within their corporate
limits. (RSMo 1939 § 12805, A.L. 1943 p. 830)
Prior revisions: 1929 § 11181; 1919 § 9284; 1909 § 10291
(1961) Where a plat of subdivision was dedicated by the owner thereof to
the city but the city failed to accept it or accepted it only
conditionally the offer to dedicate the streets therein could not be
revoked by the owner without the consent of all of the grantees of land
in the subdivision. Ginter v. City of Webster Groves (Mo.), 349 S.W.2d
895.
1. It shall also be the duty of the recorder to record all plats
delivered to him for record, in a book to be called a "plat book", and,
when necessary to preserve uniformity, he shall reduce the scale of the
original plat, and on each copy so made he shall endorse the following
certificate under his hand:
"This plat is truly copied from the original. (Signed) ...., recorder."
2. Copies of the record of plats from said plat book, properly certified
under the hand and official seal of the recorder, shall be evidence in
all courts of justice. (RSMo 1939 § 12807)
Prior revisions: 1929 § 11183; 1919 § 9285; 1909 § 10292
When any such maps or plats shall be recorded, and by reason of
the establishment of any new county, or the alteration of any new county
lines, the city, town or village shall fall within a different county,
such recorder shall transmit a certified copy of such plat or map to the
recorder of the county, within which such city, town or village may be
situated. (RSMo 1939 § 12812)
Prior revisions: 1929 § 11188; 1919 § 9290; 1909 § 10297
Any recorded plat or plan of any town or city, and of any
addition thereto or subdivision thereof, or/and any recorded survey or
plat or plan of any town or city and of any addition thereto or
subdivision thereof or part of same made by the county surveyor of the
county in which said town, city, addition or subdivision is located,
which was not properly or fully made, certified or executed or was not
properly or fully acknowledged, according to law, at the time of the
making, certifying, executing or acknowledgment of same, according to
law, but which shows or describes the real estate correctly or in such a
manner that the lines of same may or can be laid or located from such
plat, plan or survey upon the ground, and has been recorded in the
recorder's office or in the records of the surveyor's office of the
county in which the law directs it shall be recorded, for ten years,
shall have the same force and effect as though properly and fully made,
certified, executed or acknowledged, according to law, and shall be
received in evidence in all courts of the state, in any cause, and shall
be prima facie evidence of the correctness of same and of the showing
thereof. (RSMo 1939 § 12806)
Prior revision: 1929 § 11182
1. If any person shall sell or offer for sale any lot within any
city, town or village, or any addition thereto, before the plat thereof
be made out, acknowledged and recorded, as aforesaid, such person shall
forfeit a sum not exceeding three hundred dollars for every lot which he
shall sell or offer to sell.
2. Such maps or plats of such cities, towns, villages and additions made,
acknowledged, certified and recorded, shall be a sufficient conveyance to
vest the fee of such parcels of land as are therein named, described or
intended for public uses in such city, town or village, when
incorporated, in trust and for the uses therein named, expressed or
intended, and for no other use or purpose.
3. If such city, town or village shall not be incorporated, then the fee
of such lands conveyed as aforesaid shall be vested in the proper county
in like trust, and for the uses and purposes aforesaid, and none other.
(RSMo 1939 § 12809)
Prior revisions: 1929 § 11185; 1919 § 9287; 1909 § 10294
(1961) Street in unincorporated area dedicated under this section would
not be deemed abandoned under section 228.190 by nonuser but could only
be vacated in accordance with proceedings set out in section 71.270.
Winschel v. County of St. Louis (Mo.), 352 S.W.2d 652.
(1963) The filing of a properly executed plat of a subdivision which
dedicated certain lands not within an incorporated municipality to the
public use does not constitute a statutory dedication under this section
where there was no showing that the plat was accepted by the governing
body of the county. However, there is a common law dedication and in this
case an acceptance by subsequent annexation by the Village of Hazelwood
thereby converted the dedicated ways into public streets of the village.
Weakley v. State Highway Commission (Mo.), 364 S.W.2d 608.
(1967) Fact that there was a nonuser by the public of a platted public
alley does not work an abandonment of it. Bates v. Mueller (A.), 413
S.W.2d 853.
If any person, his agent or attorney, shall cause a map or plat
of any such city, town, village or addition thereto to be recorded, which
does not set forth and describe all parcels of ground which have been or
shall be promised or set apart for public uses, such persons shall
forfeit double the value of the ground so promised or pretended to have
been set apart for public uses, and not set forth on the plat. The
forfeitures arising under this chapter may be recovered by civil action,
with costs, in the name of the county to the use of the school fund of
the incorporated city, town or village in which the land lies, or the
county, as the case may be. (RSMo 1939 § 12810)
Prior revisions: 1929 § 11186; 1919 § 9288; 1909 § 10295
The property and effects of the person incurring such forfeiture
may be proceeded against, by attachment or otherwise, in like manner and
for the like causes as in ordinary cases. (RSMo 1939 § 12811)
Prior revisions: 1929 § 11187; 1919 § 9289; 1909 § 10296
1. In all cities that now have or hereafter may have four
hundred thousand inhabitants or over, all plans, plats or replats of land
laid out in building lots and streets, alleys, or other portions of the
same intended to be dedicated to public or private use, or for the use of
purchasers or owners of lots fronting thereon or adjacent thereto, and
located within the city limits, shall be submitted to the board or body
having charge of the design, construction and maintenance of city streets
and approved by it before they shall be recorded.
2. And it shall be unlawful to receive or record such plan in any public
office unless the same shall bear thereon, by endorsement or otherwise,
the approval of the board or body having charge of the design,
construction and maintenance of city streets.
3. The approval of the board or body having charge of the design,
construction and maintenance of city streets shall be deemed an
acceptance of the proposed dedication for public or private use as the
case may be; but shall not impose any duty upon the city concerning the
maintenance or improvement of any such dedicated parts, until the proper
authorities of the city shall have made actual appropriation of the same
by entry, use or improvement; and owners and purchasers shall be deemed
to have notice of the published plans, maps and reports of the board or
body having charge of the design, construction and maintenance of city
streets affecting such property within its jurisdiction. (RSMo 1939 §
12817)
Prior revision: 1929 § 11193
In all cities that now have or hereafter may have four hundred
thousand inhabitants or over, it shall be unlawful to sell, trade or
otherwise convey or to offer to sell, trade or otherwise convey any lot
or parcel of land as a part of or in conformity with any plan, plat or
replat of any subdivision or portion of the city unless said plan, plat
or replat shall have first been recorded in the office of the recorder of
deeds of said city. (RSMo 1939 § 12818)
Prior revision: 1929 § 11194
Any person violating the provisions of sections 445.100 to
445.120 shall be guilty of a misdemeanor and shall be subject to a fine
of not less than one hundred dollars nor more than five hundred dollars,
or to imprisonment not exceeding one year, or both. (RSMo 1939 § 12819)
Prior revision: 1929 § 11195
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