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MO HB1664

Bill

Status

Introduced

2/7/2012

Primary Sponsor

Darrell Pollock

Click for details

Origin

House of Representatives

2012 Regular Session

AI Summary

  • Defines adverse possession as occupying another's real property in a manner that would give the owner cause for ejectment, with or without knowledge of the owner's superior ownership rights.

  • Grants title to adverse possessors upon expiration of the statute of limitations if occupancy is adverse, under claim of right, open and notorious, continuous, exclusive, and actual.

  • Establishes a 10-year period for adverse possession claims based on a written instrument, court decree, or judgment, with specific standards for what constitutes possession depending on property type and use.

  • Provides that de minimus nonstructural encroachments (fences, hedges, sheds, walls) and lawn mowing across boundary lines are deemed permissive and do not qualify as adverse possession.

  • Specifies that landlord-tenant relationships and tenancy-in-common relationships preserve the original owner's possession rights for up to 10 years after the relationship ends, after which the tenant may claim adverse possession.

Legislative Description

Establishes requirements for the taking of real property by adverse possession

Last Action

Referred: Judiciary (H)

4/18/2012

Committee Referrals

Judiciary4/18/2012

Full Bill Text

No bill text available