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MO HB1596
Bill
Status
1/12/2010
Primary Sponsor
Darrell Pollock
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AI Summary
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Defines adverse possession as occupying another's real property in a manner that would give the owner cause for ejectment, and grants title upon expiration of the statute of limitations if occupancy meets specified requirements.
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Requires adverse possession to be adverse, under claim of right, open and notorious, continuous, exclusive, and actual; "claim of right" means a reasonable basis for belief that property belongs to the adverse possessor, except when owner cannot be ascertained through county records.
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Establishes a 10-year continuous occupation period under a written instrument, court decree, or judgment to establish adverse possession, with possession of one lot not constituting possession of other lots in a divided tract.
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Specifies that de minimus nonstructural encroachments such as fences, hedges, sheds, and nonstructural walls are deemed permissive and nonadverse, and lawn mowing or similar maintenance across property boundary lines is also deemed permissive and nonadverse.
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Provides that tenant possession is attributed to landlord for 10 years after lease termination or last rent payment, and that possession by one tenant in common is attributed to others until 10 years of continuous exclusive occupancy or ouster occurs.
Legislative Description
Establishes requirements for the taking of real property by adverse possession
Last Action
Referred: Judiciary (H)
5/14/2010