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MO HB923

Bill

Status

Introduced

3/29/2011

Primary Sponsor

Darrell Pollock

Click for details

Origin

House of Representatives

2011 Regular Session

AI Summary

  • Defines adverse possession as occupation of another's real property in a manner giving the owner cause for ejectment, with or without knowledge of the owner's superior rights.

  • Adverse possessor gains title upon expiration of the statute of limitations when occupancy is adverse, under claim of right, open and notorious, continuous, exclusive, and actual.

  • Establishes a 10-year adverse possession period for claims founded on written instruments or court judgments/decrees, and requires actual continuous occupation for claims not based on written documents or judgments.

  • Specifies that landlord-tenant relationships and tenancy-in-common relationships create presumptions of possession in the original owner's favor for 10 years after the relationship ends, after which the tenant or cotenant may claim adverse possession.

  • Declares minor nonstructural encroachments (fences, hedges, sheds, nonstructural walls) and lawn mowing across boundary lines are permissive and not adverse, preventing adverse possession claims based on these acts.

Legislative Description

Establishes requirements for the taking of real property by adverse possession

Last Action

Referred: Judiciary (H)

4/12/2011

Committee Referrals

Judiciary4/12/2011

Full Bill Text

No bill text available