Missouri Statute | Act | Code |Ownership And Conveyance Of Property| US Code - US Statute | Chapter 446 Establishment And Evidence Of Boundaries And Titles To Land

USA Statutes : missouri
Title : OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter : Chapter 446 Establishment and Evidence of Boundaries and Titles to Land

Any person, his agent or attorney, owning or being interested in
any tract of land within this state, any corner or corners of which shall
be in a decayed or perishable condition, may require the surveyor of the
county to make a survey thereof. (RSMo 1939 § 1971)

Prior revisions: 1929 § 1807; 1919 § 5494; 1909 § 6437

Such surveyor shall note particularly in his field notes the
corner from which he starts the survey and to which he traces the lines,
noting the condition of the corner trees, if any, marking particularly
every object of note, over or by which the lines may pass; also the
falling off distance, and the variation at which side lines shall have
been surveyed. (RSMo 1939 § 1972)

Prior revisions: 1929 § 1808; 1919 § 5495; 1909 § 6438

He shall cause to be planted, by the person requiring such
survey, at each corner desired to be established, a stone or post, and
shall mark and describe witness trees, if within a reasonable distance,
noting in his field notes the course and distance to them; he shall note
also the names of his chainmen, flagmen and other persons present at the
planting of any corner stone or post; and he shall record a copy of his
field notes in a book to be kept by him for that purpose, and certify the
same, and shall deliver a certified copy of such field notes to any
person requiring it, for which copy he shall receive at the rate of
fifteen cents for every hundred words. (RSMo 1939 § 1973)

Prior revisions: 1929 § 1809; 1919 § 5496; 1909 § 6439

When the corner or corners of any survey shall have been
destroyed or obliterated by time or accident, the owner of such survey,
or of any other lands, the title of which may be affected by the loss of
any such corner, or if the corner is a corner of the United States Public
Land Survey, the state land surveyor may call on a judge of the circuit
court, other than a municipal judge, of the county in which the land
shall be situate, for the purpose of establishing such corners by
testimony. (RSMo 1939 § 1974, A. 1949 S.B. 1126, A.L. 1978 H.B. 1634,
A.L. 1981 H.B. 414)

Prior revisions: 1929 § 1810; 1919 § 5497; 1909 § 6440

CROSS REFERENCE: Corners lost, reestablished, rules, RSMo 60.315

Such judge shall, upon application, issue his warrant to the
sheriff of the county to cause to come before him, at a place on the land
and on a day to be designated in the warrant, the county surveyor and
such witnesses, as well without as within the county, as the person
demanding such warrant, or other persons interested, may require. (RSMo
1939 § 1975, A. 1949 S.B. 1126, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1811; 1919 § 5498; 1909 § 6441

Effective 1-2-79

Such judge shall, on the day appointed, proceed to the place
designated, and there, in the presence of the county surveyor, examine
the witnesses summoned, and others attending, touching the existence or
situation of such destroyed or obliterated corners, or any other matter
in relation to the entry or survey of such lands, or of the corners or
boundaries of any adjoining lands, when the same may be necessary or
conducive to the accomplishment of the object of the application. (RSMo
1939 § 1976, A. 1949 S.B. 1126, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1812; 1919 § 5499; 1909 § 6442

Effective 1-2-79

Such judge shall have power to adjourn from day to day, when the
same may be necessary to the accomplishment of the examination. (RSMo
1939 § 1977, A. 1949 S.B. 1126, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1813; 1919 § 5500; 1909 § 6443

Effective 1-2-79

Such judge shall reduce the examination of the witnesses to
writing, which shall be signed and sworn to by the deponents, and, being
certified and signed by the judge, shall be by him delivered to the
county surveyor. (RSMo 1939 § 1978, A. 1949 S.B. 1126, A.L. 1978 H.B.
1634)

Prior revisions: 1929 § 1814; 1919 § 5501; 1909 § 6444

Effective 1-2-79

The party applying for the establishment of any corner or
corners shall give notice, in writing, of the time and place of taking
such depositions, to every person or persons who may be the owner of any
interest in the lands adjoining such corner or corners, his or their
agent or attorney, at least thirty days before the taking of the same. In
case the person interested be a minor or disabled as defined in chapter
475, RSMo, the notice shall be served on the conservator of such minor or
disabled person. The publication of such notice in some newspaper printed
in the county, at least three weeks consecutively, the last insertion to
be twenty days before the day of taking depositions, shall be sufficient
notice to nonresidents of the state and all other persons. (RSMo 1939 §
1979, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 § 1815; 1919 § 5502; 1909 § 6445

Satisfactory evidence of such notice shall be required by the
judge before he proceeds to take such depositions, which shall appear in
his certificate annexed to the depositions. (RSMo 1939 § 1980, A. 1949
S.B. 1126, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1816; 1919 § 5503; 1909 § 6446

Effective 1-2-79

The county surveyor shall, if required by the party owning or
being interested in such survey make a survey thereof, and cause to be
planted a stone or post at each of the decayed or obliterated corners,
and shall be governed in his survey, and in planting such stone or post
at the corners, by the depositions which shall have been taken and
delivered to him in relation thereto. (RSMo 1939 § 1981)

Prior revisions: 1929 § 1817; 1919 § 5504; 1909 § 6447

CROSS REFERENCE: Corners lost, reestablishment, rules, RSMo 60.315

Such surveyor shall make out a plat and certificate of such
survey, noting therein the corners at which he shall have planted stones
or posts, the names of the chainmen, markers and others present at the
planting of the same, and that the same was done in accordance with the
testimony contained in the depositions. (RSMo 1939 § 1982)

Prior revisions: 1929 § 1818; 1919 § 5505; 1909 § 6448

He shall record such plat and certificate in a book to be by him
kept and provided for that purpose, and shall deliver the original, with
any depositions delivered to him, duly certified, to the recorder of the
county. (RSMo 1939 § 1983)

Prior revisions: 1929 § 1819; 1919 § 5506; 1909 § 6449

The recorder to whom such plats and certificates and depositions
shall be delivered shall record the same in a book to be by him provided
and kept for that purpose, and shall deliver the original to him at whose
instance the survey was made. (RSMo 1939 § 1984)

Prior revisions: 1929 § 1820; 1919 § 5507; 1909 § 6450

Plats and certificates of surveys and depositions to establish
corners, or certified copies of the record thereof, when the same shall
have been made or taken in conformity to the provisions of sections
446.010 to 446.180, may be used and received in evidence in all cases to
which they may relate, subject to exceptions for irrelevancy or
incompetency. (RSMo 1939 § 1985)

Prior revisions: 1929 § 1821; 1919 § 5508; 1909 § 6451

CROSS REFERENCE: Surveys as legal evidence, RSMo 60.150

When any witness examined under sections 446.010 to 446.180
cannot clearly understand and speak the English language, his examination
shall be made through a competent interpreter, duly sworn correctly to
translate into his language to him all questions put to him, and his
answers thereto, into the English language; and the officer taking his
deposition shall reduce the questions and answers to writing, in the
English language, which, being distinctly translated to him by said
interpreter, shall be sworn to and subscribed by said witness. (RSMo 1939
§ 1987)

Prior revisions: 1929 § 1823; 1919 § 5510; 1909 § 6453

All fees and costs attending the proceedings under sections
446.010 to 446.170 shall, in the first instance, be paid by the party on
whose application the same shall be had, who may recover from persons who
shall use or be benefited by the same their equal proportion of the
expenses incurred in obtaining it. (RSMo 1939 § 1986)

Prior revisions: 1929 § 1822; 1919 § 5509; 1909 § 6452

1. Any person owning land for which a patent should have been
issued by the state but was not may acquire a patent for such land by:

(1) Proving, by affidavits or otherwise, to the satisfaction of the
secretary of state, that he, or someone under whom he claims title,
purchased the land for which the patent is sought from the state and that
the state has been paid for such land; and

(2) Proving, by affidavits of two disinterested householders of the
township in which the land for which a patent is sought is located, that
he, and those under whom he claims title, have been in open, notorious,
exclusive, continuous, adverse, and hostile possession of all of such
land for the period of ten years immediately prior to the time of
applying for a patent under this section, and that during such time no
other person has ever set up or made any claim to such land, or any
portion thereof, which is hostile or adverse to the title of the
applicant and those under whom he claims title.

2. When an applicant has complied with subdivisions (1) and (2) of
subsection 1 of this section, the secretary of state shall issue the
patent requested.

3. The provisions of this section shall only apply when the records in
the office of the secretary of state show that the land in question is
state land which has not been disposed of to any other person and when
all documents and proofs required by this section have been filed in the
land department of the secretary of state and preserved among the records
thereof. (L. 1983 S.B. 109)

1. Whenever an error has been made in the description of land in
any patent, the person to whom such patent was issued, or any person who
has acquired title to the land intended to be described in such erroneous
patent by mesne conveyances from the person to whom such erroneous patent
was issued, may have a new patent issued correctly describing such land
by:

(1) Proving, by affidavits or otherwise, to the satisfaction of the
secretary of state, that he, or someone under whom he claims title,
purchased the land for which a corrected patent is sought from the state
and that the state has been paid for such land; and

(2) Filing an affidavit that he makes no claim to the land erroneously
described in the patent sought to be corrected and that neither he, nor
anyone by, through, or under whom he claims title, has ever made any
claim to such land by virtue of or under such erroneous patent.

2. When an applicant has complied with subdivisions (1) and (2) of
subsection 1 of this section, the secretary of state shall make the
correction requested. A new patent correctly describing the land to which
the applicant claims title shall be issued to such applicant when he
delivers the erroneous patent or a certified copy thereof to the
secretary of state, or proves to the secretary of state, by affidavits of
two disinterested householders of the township in which the land to be
described in the corrected patent is located, that he, and those under
whom he claims title, have been in the open, notorious, exclusive,
continuous, adverse, and hostile possession of all of such land for the
period of ten years immediately prior to the time of filing an
application under this section, and that during such time no other person
has ever set up or made any claim to such land, or any portion thereof,
which is hostile or adverse to the title of the applicant and those under
whom he claims title; and executes a deed releasing the erroneously
patented land to the state.

3. The provisions of this section shall only apply when the records in
the office of the secretary of state show that the land in question is
state land which has not been disposed of to any other person and when
all documents and proofs required by this section have been filed in the
land department of the secretary of state and preserved among the records
thereof. (RSMo 1939 § 12715, A.L. 1983 S.B. 109)

Prior revisions: 1929 § 11091; 1919 § 6955; 1909 § 7959

1. In all of the counties of this state in which, at any time
heretofore, the official records and records affecting the title to real
estate therein, shall have been, by fire, war or other catastrophe, lost,
destroyed, or injured so as to have become illegible, and whenever,
hereafter, such records of any county, or the city of St. Louis, shall
have been so lost, destroyed, or injured, it shall be the duty of the
circuit judges of the circuit court of such county, in conjunction with
the commissioners of the county commission of such county, or if in the
city of St. Louis the duty of the circuit judges thereof, to examine into
the state of such records; and in the event that they find any abstracts,
copies, minutes, or extracts therefrom, existing after such loss,
destruction or injury, and that said abstracts, copies, minutes or
extracts were fairly made, before such loss, destruction, or injury by
any person, persons or corporation, in the ordinary and usual course of
business, and that said abstracts, copies, minutes or extracts contain a
material and substantial part of said records so lost, destroyed or
injured as aforesaid, the said judges shall certify the facts in regard
to the loss, destruction or injury of such records, and in regard to such
abstracts, copies, minutes or extracts therefrom, as such facts may be
found by them; and if they are of the opinion that such abstracts,
minutes, copies and extracts tend to show a connected chain of title to
the lands in such county or city, they shall file such certificate,
finding or opinion with the clerk of the circuit court thereof, which
certificate shall be signed by said judges and have impressed thereon the
seal of the county commission of such county, or if in the city of St.
Louis, the seal of the circuit court thereof; and thereupon, said
abstracts, minutes, copies and extracts, or authenticated copies thereof,
shall be admissible as prima facie evidence in all courts and places in
this state, and in all courts held within this state, and in all
inquiries, wherein the facts shown by such abstracts, minutes, copies, or
extracts may be pertinent.

2. And it shall be the duty of the owner, owners, keeper or custodian of
such abstracts, minutes, copies or extracts, to furnish to all persons or
corporations so requesting, upon being paid or tendered the charges and
fees herein provided for, certified copies of the same, or any part
thereof. Said certificate to be made by such owner, owners, keeper, or
custodian, shall state that the paper or instrument to which it is
appended or attached contains a true and correct copy of the entries set
out in said abstracts, minutes, copies, or extracts, designating the same
by the name of the compiler or maker thereof, when possible, to which the
said filed certificate of the said circuit judge, or judges, and county
commissioners relate; said certificates shall be signed by the maker
thereof and sworn to by him before some officer who is authorized by the
laws of this state to take and certify acknowledgments to instruments for
the conveyance of real estate.

3. And it shall be the duty of the owner, owners, keeper, or custodian of
such abstracts, minutes, copies or extracts, upon being paid or tendered
the fees and charges herein provided for, to produce the same in court,
and the courts of this state, and the courts held within this state may
compel the production of the same in court, by subpoena duces tecum, as
in other cases.

4. In all cases in which any abstracts, minutes, copies and extracts, or
copies thereof, which are made admissible in evidence under the
provisions of sections 446.190 to 446.220, shall be required to be used
in evidence, all deeds, conveyances, or other instruments appearing
thereby to have been executed by any person or corporation, or in which
they appear to have joined, shall be presumed to have been duly
witnessed, executed and acknowledged, unless the contrary appear therein;
and all sales under powers of attorney, judgments, decrees or other legal
proceedings, shall be presumed to be regular and correct, unless the
contrary appear, and any person or corporation alleging any defect or
irregularity in any such conveyance, sale, judgment or decree, or other
legal proceeding, shall be held bound to prove the same; provided, that
nothing contained in this section shall be construed to impair the effect
of said injured, lost or destroyed records as notice. (RSMo 1939 § 1949,
A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1785; 1919 § 5472; 1909 § 6415

Effective 1-2-79

1. The certificate provided for by section 446.190 to be made
and filed by the said judges of the circuit court and the commissioners
of the county commission, or by the judges of the circuit court of the
city of St. Louis, shall be by the said clerk of the circuit court
entered and spread upon the records of the circuit court of the county,
the said records of which have been so lost, destroyed or injured.

2. Thereupon, the said clerk of the circuit court of such county shall
make out from said circuit court records, and transmit to the recorder of
deeds of such county a certified copy of such certificate, so made and
filed by said judges or commissioners, and the recorder of deeds shall,
thereupon, record such certified copy of said certificate in the land
record books of his office.

3. And a certified copy of said judges' certificate, under the hand and
official seal of the clerk of the circuit court of such county, shall be
received in all of the courts of this state, and in all of the courts
held within this state, and in all places and inquiries within this state
wherein said matters and things may be pertinent, as prima facie evidence
of the facts and recitals set out and contained in said certificate of
said judges or commissioners. (RSMo 1939 § 1950)

Prior revisions: 1929 § 1786; 1919 § 5473; 1909 § 6416

In all cases, and in all suits, trials and actions, in any of
the courts of this state, and in any of the courts held within this
state, in any proceeding relating to, or affecting the title to lands, or
any interest therein, or any lien or encumbrance thereon, any party to
such case, suit, trial or action shall be permitted to offer and
introduce as evidence therein, and all of the said courts shall receive
as competent evidence therein, any abstract of title, or land title
abstract book, or books, which are fair upon their face, and which are
shown to have been made by any person, in the usual and ordinary course
of business, prior to the loss, injury or destruction of the official
records, or parts thereof, of the county wherein the lands affected by
such suit, trial or action lie; provided, that before such abstract, or
land title abstract books shall be admissible, the party desiring to
offer the same, or his agent, or attorney, shall, orally, in court, or by
an affidavit filed in the cause, state under oath, that the originals of
the deeds, conveyances or instruments affecting the title, or some part
thereof, are lost, destroyed, or so injured as to be illegible, or that
the said originals are not within the power of the party to produce, and
that the record of such deeds, conveyances and instruments has been lost,
destroyed or burned. (RSMo 1939 § 1951)

Prior revisions: 1929 § 1787; 1919 § 5474; 1909 § 6417

The owner, owners, keeper or custodian of any such abstracts or
land title abstract books shall be allowed to charge for the services
rendered under the provisions of sections 446.190 to 446.220 the
following fees only: For the first entry, or remove in the chain of
title, in any copy of an abstract . . . . . . . . . . . . . . . . . . .
$1.00 For each additional entry therein . . . . . . . . . . . . . .50 For
certificate and authentication to copy of abstract. . . .50 For producing
abstract books in court as evidence, in any court held in the county
wherein the custodian of the abstracts resides, for each day . . . . . .
. . . . . . . 3.50 For producing abstract books in court as evidence, in
any court held outside of the county wherein the custodian of the
abstract resides, for each day, and for each day spent in going and
returning . . . . . . . . . . . . . . 5.00 For mileage in going to and
returning from court, per mile .. .05 (RSMo 1939 § 1952)

Prior revisions: 1929 § 1788; 1919 § 5475; 1909 § 6418

Whenever the title in fee to any lands shall be vested in the
state of Missouri, under the provisions of an act of Congress entitled
"An act to vest in the several states and territories the title in fee of
the lands which have been or may be certified to them", approved August
3, 1854, the same shall inure to and be vested in the purchaser from the
state in all cases where such lands have been sold; and all patents or
conveyances executed by the governor for lands sold by the state are
hereby confirmed, and all the title the state now has or hereafter may
acquire, by virtue of the above recited act, to the land so sold, is
hereby granted to the purchaser, his heirs or assigns, as fully as the
same could be done by issuance of a new patent. (RSMo 1939 § 1847)

Prior revisions: 1929 § 1683; 1919 § 5370; 1909 § 6415

The register of lands shall procure suitable books and record
therein all letters and instructions received from the land department at
Washington concerning lands granted to this state, and shall also record
in such books all lists of lands certified by the commissioner of such
land office, under the provisions of the act recited in section 446.230,
as belonging to the state; and copies of such record, certified by the
register of lands, shall be prima facie evidence of the facts therein
stated. (RSMo 1939 § 1848)

Prior revisions: 1929 § 1684; 1919 § 5371; 1909 § 6316

CROSS REFERENCES: Copies of patents evidence, when, RSMo 59.390 Patents
to be evidence of title, RSMo 241.120

When, in any action for the recovery of the possession of
premises, any land shall be claimed by virtue of a location in lieu of
other lands injured by earthquakes, the certificate of new location
granted by the recorder of land titles, and the patent issued in
consequence, shall be only prima facie evidence of title in the grantee
therein named, subject to be rebutted as herein prescribed. (RSMo 1939 §
1539)

Prior revisions: 1929 § 1375; 1919 § 1825; 1909 § 2392

It shall be lawful for the adverse party to rebut such evidence
by proof that the grantee in such certificate or patent named was not, at
the time the same or either of them issued, the owner of the injured
lands in lieu of which the said certificate or patent issued, and the
title to the land located by virtue of such certificate or patent shall
be determined according to the rights of the parties to the land, as
located by virtue thereof. (RSMo 1939 § 1540)

Prior revisions: 1929 § 1376; 1919 § 1826; 1909 § 2393

Copies of certificates granted by the recorder of land titles,
under the act of Congress for the relief of the sufferers by earthquakes
in the county of New Madrid, and all other books and papers, which by law
are required to be deposited or kept at his office, duly certified by
him, shall be received as evidence. (RSMo 1939 § 1832)

Prior revisions: 1929 § 1668; 1919 § 5355; 1909 § 6300

Copies of confirmations had before the board of commissioners
for the adjustment of land claims within this state, or before the
recorder of land titles, duly certified by the recorder of land titles,
or by the person who shall by law have the custody of the books and
papers containing such confirmations, shall be received as evidence.
(RSMo 1939 § 1831)

Prior revisions: 1929 § 1667; 1919 § 5354; 1909 § 6299

All grants and concessions of land, all warrants, orders, plats
and certificates of survey made and signed by the proper officers of the
French or Spanish government, which shall have been filed in the office
of the recorder of land titles, by virtue of any law of the United
States, and all deeds, conveyances and evidences of title made before,
and signed by such officers of the French or Spanish government, which
shall have been filed and recorded as aforesaid, being certified by such
recorder to have been recorded in his office, shall be received in
evidence without further proof. (RSMo 1939 § 1833)

Prior revisions: 1929 § 1669; 1919 § 5356; 1909 § 6301

Copies of all petitions, grants, orders and returns of survey,
and other evidences of title, contained in any land book, commonly called
Livre Terrein, and copies of all such other records of the French or
Spanish government, and of such evidences of title mentioned in the
preceding section, as are by law required to be deposited in the office
of the recorder of land titles, duly certified by him, shall be received
in evidence, with like effect as the original. (RSMo 1939 § 1834)

Prior revisions: 1929 § 1670; 1919 § 5357; 1909 § 6302

When any such conveyance or other evidences of title, as
mentioned in section 446.290 shall have belonged to the archives of the
French or Spanish government, and shall have been deposited in the office
of the recorder of any county, and therein recorded, it shall, being duly
certified by such recorder, be received in evidence without further
proof. (RSMo 1939 § 1835)

Prior revisions: 1929 § 1671; 1919 § 5358; 1909 § 6303

A copy of any such conveyance or evidence of title, among the
archives of the French or Spanish government, deposited in pursuance of
law, in the office of the recorder of any county, and therein recorded,
and a copy of any record of the French or Spanish government, so
deposited in such office, being duly certified by him, shall be received
in evidence with like effect as the original. (RSMo 1939 § 1836)

Prior revisions: 1929 § 1672; 1919 § 5359; 1909 § 6304

Whenever it shall appear that the original of any of the
records, archives or other evidences mentioned in sections 446.290 to
446.320, after having been deposited and recorded in the office of the
recorder of land titles, or of the recorder of any county, in pursuance
of law, cannot be found therein, or has been lost or destroyed, or that
neither the original nor a duly certified copy thereof can be obtained by
the parties wishing to use it, a copy of the record of such original,
duly certified by the officer having charge of such record, shall be
received in evidence. (RSMo 1939 § 1837)

Prior revisions: 1929 § 1673; 1919 § 5360; 1909 § 6305

Certified copies of the records of the ancient archives
deposited in the office of the recorder of the county or city of St.
Louis, consisting of deeds, mortgages, marriage contracts, settlements,
adjudications and other instruments of writing relating to or affecting
titles to real estate, and which were received from the French or Spanish
authorities of Louisiana, and which have been or may hereafter be
recorded, as directed by law, shall be received in evidence in all courts
of this state. (RSMo 1939 § 1849)

Prior revisions: 1929 § 1685; 1919 § 5372; 1909 § 6317

Copies of plats, surveys, entries, New Madrid certificates and
locations, and of all other papers which are by law required to be
deposited or kept in the office of the surveyor of the lands of the
United States in this state, duly certified by such surveyor, shall be
received as evidence. (RSMo 1939 § 1838)

Prior revisions: 1929 § 1674; 1919 § 5361; 1909 § 6306

CROSS REFERENCES: Copies of entries on book of United States land office
to be received in evidence, RSMo 490.200 Copies of letters received by
the register of any United States land office from superior officer
received in evidence, RSMo 490.210

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