What is Law of Missouri Governing Adverse Possession?

In Missouri, the law governing adverse possession is found in Chapter 516 of the Missouri Revised Statutes. According to this law, a person can acquire title to real estate through adverse possession if they meet certain requirements.

The elements of adverse possession in Missouri are:

1) Actual possession: The person claiming adverse possession must have actual, physical control of the property. This means that they must be living on the property, using it for some purpose, or otherwise exercising control over it.

2) Open and notorious possession: The possession must be open and notorious, meaning that it is visible and obvious to others. The person claiming adverse possession should not be hiding their possession or trying to conceal it in any way.

3) Exclusive possession: The possession must be exclusive, meaning that no one else is using or claiming ownership of the property.

4) Hostile possession: The possession must be hostile, meaning that it is against the rights of the true owner. The person claiming adverse possession must be occupying the property without the permission of the owner.

5) Continuous possession: The possession must be continuous for a period of ten years. This means that the person claiming adverse possession must be in continuous possession of the property for the entire ten-year period, without any breaks.

If a person meets all of these requirements, they can acquire title to the real estate through adverse possession. However, there are some exceptions to this rule. For example, a person cannot acquire title to real estate through adverse possession if the true owner is a minor, mentally disabled, or under other legal disabilities.

Additionally, there are some specific laws that apply to adverse possession in Missouri. For example, the Missouri Supreme Court has held that a person cannot acquire title to real estate through adverse possession if the property is used for public purposes.

If you are considering filing an adverse possession claim in Missouri, it is important to speak with an attorney to discuss the specific laws and requirements that apply to your case.