Chapter 445 Plats

445.080 - Penalty for recording an imperfect plat.

Steven Groce, Attorney Advertisement

If any person, his agent or attorney, shall cause a map or plat of any such city, town, village or addition thereto to be recorded, which does not set forth and describe all parcels of ground which have been or shall be promised or set apart for public uses, such persons shall forfeit double the value of the ground so promised or pretended to have been set apart for public uses, and not set forth on the plat.The forfeitures arising under this chapter may be recovered by civil action, with costs, in the name of the county to the use of the school fund of the incorporated city, town or village in which the land lies, or the county, as the case may be.

(RSMo 1939 § 12810)

Prior revisions: 1929 § 11186; 1919 § 9288; 1909 § 10295

445.090 - Persons incurring penalty may be proceeded against, how.

The property and effects of the person incurring such forfeiture may be proceeded against, by attachment or otherwise, in like manner and for the like causes as in ordinary cases.

(RSMo 1939 § 12811)

Prior revisions: 1929 § 11187; 1919 § 9289; 1909 § 10296

445.030 - Plat to be acknowledged and recorded — acceptance by city.

Such map or plat shall be acknowledged by the proprietor before some official authorized by law to take acknowledgments of conveyances of real estate, and recorded in the office of the recorder of deeds of the county in which the land platted is situated; provided, however, that if such map or plat be of land situated within the corporate limits of any incorporated city, town or village, it shall not be placed of record until it shall have been submitted to and approved by the common council of such city, town or village, by ordinance, duly passed and approved by the mayor, and such approval endorsed upon such map or plat under the hand of the clerk and the seal of such city, town, or village; nor until all taxes against the same shall have been paid; and before approving such plat, the common council may, in its discretion, require such changes or alterations thereon as may be found necessary to make such map or plat conform to any zoning or street development plan which may have been adopted or appear desirable, and to the requirements of the duly enacted ordinances of such city, town or village, appertaining to the laying out and platting of subdivisions of land within their corporate limits.

(RSMo 1939 § 12805, A.L. 1943 p. 830)

Prior revisions: 1929 § 11181; 1919 § 9284; 1909 § 10291

445.020 - Plat, how drawn — shall show what.

Every plat hereafter constructed, which is authorized or required by law to be recorded, or intended to form part of any proceedings for the partition of real estate, shall be drawn to a scale, the scale to be noted on the plat, have written on its face as its title, and show the block, section, United States survey, or part thereof, it purports to represent.If the land platted be less than a whole block, section, or United States survey, the plat shall be corrected in such manner as to show the position of such land relatively to the remainder of the block, section, or United States survey, as the case may be; and if such land be intersected by a quarter-section, section, or United States survey line, such line shall be indicated on the plat and distinguished by suitable words and figures, and shall be done in such manner that the precise location of the land purported to be platted can be determined on inspecting the plat; provided, however, that the provisions of this section shall not apply to any plat issued by authority of the United States, or the state of Missouri.

(RSMo 1939 § 12808)

Prior revisions: 1929 § 11184; 1919 § 9286; 1909 § 10293

445.120 - Penalty for violation of certain provisions.

Any person violating the provisions of sections 445.100 to 445.120 shall be guilty of a misdemeanor and shall be subject to a fine of not less than one hundred dollars nor more than five hundred dollars, or to imprisonment not exceeding one year, or both.

(RSMo 1939 § 12819)

Prior revision: 1929 § 11195

445.100 - Plans, plats or replats — unlawful to receive or record such plan unless approved (cities of 400,000).

1.In all cities that now have or hereafter may have four hundred thousand inhabitants or over, all plans, plats or replats of land laid out in building lots and streets, alleys, or other portions of the same intended to be dedicated to public or private use, or for the use of purchasers or owners of lots fronting thereon or adjacent thereto, and located within the city limits, shall be submitted to the board or body having charge of the design, construction and maintenance of city streets and approved by it before they shall be recorded.

2.And it shall be unlawful to receive or record such plan in any public office unless the same shall bear thereon, by endorsement or otherwise, the approval of the board or body having charge of the design, construction and maintenance of city streets.

3.The approval of the board or body having charge of the design, construction and maintenance of city streets shall be deemed an acceptance of the proposed dedication for public or private use as the case may be; but shall not impose any duty upon the city concerning the maintenance or improvement of any such dedicated parts, until the proper authorities of the city shall have made actual appropriation of the same by entry, use or improvement;and owners and purchasers shall be deemed to have notice of the published plans, maps and reports of the board or body having charge of the design, construction and maintenance of city streets affecting such property within its jurisdiction.

(RSMo 1939 § 12817)

Prior revision: 1929 § 11193

445.110 - Unlawful to sell, trade or otherwise convey unless plan, plat or replat shall have been recorded (cities of 400,000).

In all cities that now have or hereafter may have four hundred thousand inhabitants or over, it shall be unlawful to sell, trade or otherwise convey or to offer to sell, trade or otherwise convey any lot or parcel of land as a part of or in conformity with any plan, plat or replat of any subdivision or portion of the city unless said plan, plat or replat shall have first been recorded in the office of the recorder of deeds of said city.

(RSMo 1939 § 12818)

Prior revision: 1929 § 11194

445.010 - Plats of cities, towns, villages — shall show what.

1.Whenever any city, town or village, or any addition to any city, town or village, shall be laid out, the proprietor of such city, town or village, or addition, shall cause to be made out an accurate map or plat thereof, particularly setting forth and describing:

(1)All parcels of ground within such town, village or addition reserved for public purposes by their boundaries, course and extent, whether they be intended for avenues, streets, lanes, alleys, commons or other public uses; and

(2)All lots for sale, by numbers, and their precise length and width.

2.And the streets of all such additions to cities, towns or villages, or of plats of ground, except plats for cemetery purposes, shall conform to the streets of such city, town or village, so that the streets and avenues of such additions or plats shall, as near as may be, run parallel with or be continuations on a straight line of the streets of said city, town or village, and all taxes against the property proposed to be platted shall be paid.

(RSMo 1939 § 12804)

Prior revisions: 1929 § 11180; 1919 § 9283; 1909 § 10290


Commissioners in partition suit to divide land into lots, when, map shall be filed, 528.270, 528.330, 528.550, 528.560

Estate may be divided into town lots and platted, when, 473.533

(1953) Conveyance of lots by reference to recorded plat on which tract was designated as private street, creates perpetual easement in such tract for street purposes in purchasers of lots abutting thereon and their successors. Larkin v. Kieselmann (Mo.), 259 S.W.2d 785.

(1957) A common law dedication is accomplished when a landowner does some act which clearly indicates his intention to dedicate the land to public use and there is an acceptance by the public. Acceptance may be implied from long use by the public as of right. City of St. Charles v. DeSherlia (A.), 308 S.W.2d 456.

(1972) Where original owner platted open named roadways reaching each tract in subdivision and made certain restrictions and reservations but did not limit the right to use the roadways, purchaser of tract therein was not limited to use roadways only for residential development and were entitled to drive their trucks to and from hauling topsoil from their tract in their home-building operations. Good v. Bennett (A.), 480 S.W.2d 77.

(1974) Held that public has the right to exclusive use of highways for public purposes and any unauthorized obstruction or encroachment thereon constitutes a nuisance. State ex rel.State Highway Commission v. Johns (A.), 507 S.W.2d 75.

445.040 - Duty of recorder when plat delivered — certified copies to be evidence.

1.It shall also be the duty of the recorder to record all plats delivered to him for record, in a book to be called a "plat book", and, when necessary to preserve uniformity, he shall reduce the scale of the original plat, and on each copy so made he shall endorse the following certificate under his hand:

"This plat is truly copied from the original.(Signed)______, recorder."

2.Copies of the record of plats from said plat book, properly certified under the hand and official seal of the recorder, shall be evidence in all courts of justice.

(RSMo 1939 § 12807)

Prior revisions: 1929 § 11183; 1919 § 9285; 1909 § 10292

445.050 - When new county established or county lines changed, plat to be recorded, where.

When any such maps or plats shall be recorded, and by reason of the establishment of any new county, or the alteration of any new county lines, the city, town or village shall fall within a different county, such recorder shall transmit a certified copy of such plat or map to the recorder of the county, within which such city, town or village may be situated.

(RSMo 1939 § 12812)

Prior revisions: 1929 § 11188; 1919 § 9290; 1909 § 10297

445.070 - Penalty for selling lots before plat recorded — plat shall vest fee, when.

1.If any person shall sell or offer for sale any lot within any city, town or village, or any addition thereto, before the plat thereof be made out, acknowledged and recorded, as aforesaid, such person shall forfeit a sum not exceeding three hundred dollars for every lot which he shall sell or offer to sell.

2.Such maps or plats of such cities, towns, villages and additions made, acknowledged, certified and recorded, shall be a sufficient conveyance to vest the fee of such parcels of land as are therein named, described or intended for public uses in such city, town or village, when incorporated, in trust and for the uses therein named, expressed or intended, and for no other use or purpose.

3.If such city, town or village shall not be incorporated, then the fee of such lands conveyed as aforesaid shall be vested in the proper county in like trust, and for the uses and purposes aforesaid, and none other.

(RSMo 1939 § 12809)

Prior revisions: 1929 § 11185; 1919 § 9287; 1909 § 10294

(1961) Street in unincorporated area dedicated under this section would not be deemed abandoned under section 228.190 by nonuser but could only be vacated in accordance with proceedings set out in section 71.270. Winschel v. County of St.Louis (Mo.), 352 S.W.2d 652.

(1963) The filing of a properly executed plat of a subdivision which dedicated certain lands not within an incorporated municipality to the public use does not constitute a statutory dedication under this section where there was no showing that the plat was accepted by the governing body of the county. However, there is a common law dedication and in this case an acceptance by subsequent annexation by the Village of Hazelwood thereby converted the dedicated ways into public streets of the village. Weakley v. State Highway Commission (Mo.), 364 S.W.2d 608.

(1967) Fact that there was a nonuser by the public of a platted public alley does not work an abandonment of it. Bates v. Mueller (A.), 413 S.W.2d 853.

445.060 - Legalizing any plat of city or town, or addition or subdivision, after having been recorded for ten years — to be received in all courts of state.

Any recorded plat or plan of any town or city, and of any addition thereto or subdivision thereof, or/and any recorded survey or plat or plan of any town or city and of any addition thereto or subdivision thereof or part of same made by the county surveyor of the county in which said town, city, addition or subdivision is located, which was not properly or fully made, certified or executed or was not properly or fully acknowledged, according to law, at the time of the making, certifying, executing or acknowledgment of same, according to law, but which shows or describes the real estate correctly or in such a manner that the lines of same may or can be laid or located from such plat, plan or survey upon the ground, and has been recorded in the recorder's office or in the records of the surveyor's office of the county in which the law directs it shall be recorded, for ten years, shall have the same force and effect as though properly and fully made, certified, executed or acknowledged, according to law, and shall be received in evidence in all courts of the state, in any cause, and shall be prima facie evidence of the correctness of same and of the showing thereof.