Land Contracts

[ozarkfilly]

I bought a 14 acre parcel of land. After the corporation Warranty Deed was filed at the county courthouse I received a letter from the county tax assessor for TWO parcels. My 14 acre parcel & the 9 acre parcel adjoing the 14 acre parcel. The tax assessor told me that since the 9 acres has been deeded into my name that I legaly own it and that Missouri law says the seller has to allow me to keep it. Is this true? It seems that the additional 9 acres in included in ALL legal descriptions of the purchase including the sales contract and Warranty Deed and no one caught it until now. Do I have a legal right to keep this additional 9 acres?

 

[Tracey]

Legal right, yes; moral right, no.

Missouri law on conveyance & ownership of property is found in Title XXIX of the Mo. Revised Statutes. You library has a copy.

You own the property by adverse possession after 10 years. [516.010] If you want, you can sue before then to determine title & demand reimbursement for your expenses (taxes). [527.150] If you sell the land, make sure you buy title insurance, & only sell by quit claim deed.

You can keep quiet & pay the taxes for 10 years, or you can sue now, or you can just write the company a letter pointing out their possible mistake. Since you know darn good & well that the land was conveyed by mistake, a court may not even reimburse you for the taxes if the grantor sue you within 10 years.

Person may convey, notwithstanding adverse possession.
442.070. Any person claiming title to real estate may, notwithstanding there may be an adverse possession thereof, sell and convey his interest therein, in the same manner and with like effect as if he was in the actual possession thereof.


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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.