Chapter 446 Establishment and Evidence of Boundaries and Titles to Land

446.180 - Erroneous descriptions in patents — correction.

Steven Groce, Attorney Advertisement

1.Whenever an error has been made in the description of land in any patent, the person to whom such patent was issued, or any person who has acquired title to the land intended to be described in such erroneous patent by mesne conveyances from the person to whom such erroneous patent was issued, may have a new patent issued correctly describing such land by:

(1)Proving, by affidavits or otherwise, to the satisfaction of the secretary of state, that he, or someone under whom he claims title, purchased the land for which a corrected patent is sought from the state and that the state has been paid for such land; and

(2)Filing an affidavit that he makes no claim to the land erroneously described in the patent sought to be corrected and that neither he, nor anyone by, through, or under whom he claims title, has ever made any claim to such land by virtue of or under such erroneous patent.

2.When an applicant has complied with subdivisions (1) and (2) of subsection 1 of this section, the secretary of state shall make the correction requested.A new patent correctly describing the land to which the applicant claims title shall be issued to such applicant when he delivers the erroneous patent or a certified copy thereof to the secretary of state, or proves to the secretary of state, by affidavits of two disinterested householders of the township in which the land to be described in the corrected patent is located, that he, and those under whom he claims title, have been in the open, notorious, exclusive, continuous, adverse, and hostile possession of all of such land for the period of ten years immediately prior to the time of filing an application under this section, and that during such time no other person has ever set up or made any claim to such land, or any portion thereof, which is hostile or adverse to the title of the applicant and those under whom he claims title; and executes a deed releasing the erroneously patented land to the state.

3.The provisions of this section shall only apply when the records in the office of the secretary of state show that the land in question is state land which has not been disposed of to any other person and when all documents and proofs required by this section have been filed in the land department of the secretary of state and preserved among the records thereof.

(RSMo 1939 § 12715, A.L. 1983 S.B. 109)

Prior revisions: 1929 § 11091; 1919 § 6955; 1909 § 7959

446.080 - Examination reduced to writing.

Such judge shall reduce the examination of the witnesses to writing, which shall be signed and sworn to by the deponents, and, being certified and signed by the judge, shall be by him delivered to the county surveyor.

(RSMo 1939 § 1978, A. 1949 S.B. 1126, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1814; 1919 § 5501; 1909 § 6444

Effective 1-02-79

446.280 - Confirmations of land titles — copies.

Copies of confirmations had before the board of commissioners for the adjustment of land claims within this state, or before the recorder of land titles, duly certified by the recorder of land titles, or by the person who shall by law have the custody of the books and papers containing such confirmations, shall be received as evidence.

(RSMo 1939 § 1831)

Prior revisions: 1929 § 1667; 1919 § 5354; 1909 § 6299

446.090 - Notice to take depositions, how given.

The party applying for the establishment of any corner or corners shall give notice, in writing, of the time and place of taking such depositions, to every person or persons who may be the owner of any interest in the lands adjoining such corner or corners, his or their agent or attorney, at least thirty days before the taking of the same.In case the person interested be a minor or disabled as defined in chapter 475, the notice shall be served on the conservator of such minor or disabled person.The publication of such notice in some newspaper printed in the county, at least three weeks consecutively, the last insertion to be twenty days before the day of taking depositions, shall be sufficient notice to nonresidents of the state and all other persons.

(RSMo 1939 § 1979, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 § 1815; 1919 § 5502; 1909 § 6445

446.190 - Lost or destroyed records — replacement — evidentiary effect.

1.In all of the counties of this state in which, at any time heretofore, the official records and records affecting the title to real estate therein, shall have been, by fire, war or other catastrophe, lost, destroyed, or injured so as to have become illegible, and whenever, hereafter, such records of any county, or the city of St. Louis, shall have been so lost, destroyed, or injured, it shall be the duty of the circuit judges of the circuit court of such county, in conjunction with the commissioners of the county commission of such county, or if in the city of St.Louis the duty of the circuit judges thereof, to examine into the state of such records; and in the event that they find any abstracts, copies, minutes, or extracts therefrom, existing after such loss, destruction or injury, and that said abstracts, copies, minutes or extracts were fairly made, before such loss, destruction, or injury by any person, persons or corporation, in the ordinary and usual course of business, and that said abstracts, copies, minutes or extracts contain a material and substantial part of said records so lost, destroyed or injured as aforesaid, the said judges shall certify the facts in regard to the loss, destruction or injury of such records, and in regard to such abstracts, copies, minutes or extracts therefrom, as such facts may be found by them; and if they are of the opinion that such abstracts, minutes, copies and extracts tend to show a connected chain of title to the lands in such county or city, they shall file such certificate, finding or opinion with the clerk of the circuit court thereof, which certificate shall be signed by said judges and have impressed thereon the seal of the county commission of such county, or if in the city of St.Louis, the seal of the circuit court thereof; and thereupon, said abstracts, minutes, copies and extracts, or authenticated copies thereof, shall be admissible as prima facie evidence in all courts and places in this state, and in all courts held within this state, and in all inquiries, wherein the facts shown by such abstracts, minutes, copies, or extracts may be pertinent.

2.And it shall be the duty of the owner, owners, keeper or custodian of such abstracts, minutes, copies or extracts, to furnish to all persons or corporations so requesting, upon being paid or tendered the charges and fees herein provided for, certified copies of the same, or any part thereof.Said certificate to be made by such owner, owners, keeper, or custodian, shall state that the paper or instrument to which it is appended or attached contains a true and correct copy of the entries set out in said abstracts, minutes, copies, or extracts, designating the same by the name of the compiler or maker thereof, when possible, to which the said filed certificate of the said circuit judge, or judges, and county commissioners relate; said certificates shall be signed by the maker thereof and sworn to by him before some officer who is authorized by the laws of this state to take and certify acknowledgments to instruments for the conveyance of real estate.

3.And it shall be the duty of the owner, owners, keeper, or custodian of such abstracts, minutes, copies or extracts, upon being paid or tendered the fees and charges herein provided for, to produce the same in court, and the courts of this state, and the courts held within this state may compel the production of the same in court, by subpoena duces tecum, as in other cases.

4.In all cases in which any abstracts, minutes, copies and extracts, or copies thereof, which are made admissible in evidence under the provisions of sections 446.190 to 446.220, shall be required to be used in evidence, all deeds, conveyances, or other instruments appearing thereby to have been executed by any person or corporation, or in which they appear to have joined, shall be presumed to have been duly witnessed, executed and acknowledged, unless the contrary appear therein; and all sales under powers of attorney, judgments, decrees or other legal proceedings, shall be presumed to be regular and correct, unless the contrary appear, and any person or corporation alleging any defect or irregularity in any such conveyance, sale, judgment or decree, or other legal proceeding, shall be held bound to prove the same; provided, that nothing contained in this section shall be construed to impair the effect of said injured, lost or destroyed records as notice.

(RSMo 1939 § 1949, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1785; 1919 § 5472; 1909 § 6415

Effective 1-02-79

446.290 - French and Spanish grants.

All grants and concessions of land, all warrants, orders, plats and certificates of survey made and signed by the proper officers of the French or Spanish government, which shall have been filed in the office of the recorder of land titles, by virtue of any law of the United States, and all deeds, conveyances and evidences of title made before, and signed by such officers of the French or Spanish government, which shall have been filed and recorded as aforesaid, being certified by such recorder to have been recorded in his office, shall be received in evidence without further proof.

(RSMo 1939 § 1833)

Prior revisions: 1929 § 1669; 1919 § 5356; 1909 § 6301

446.140 - Duty of recorder.

The recorder to whom such plats and certificates and depositions shall be delivered shall record the same in a book to be by him provided and kept for that purpose, and shall deliver the original to him at whose instance the survey was made.

(RSMo 1939 § 1984)

Prior revisions: 1929 § 1820; 1919 § 5507; 1909 § 6450

446.040 - Destroyed corners, how established.

When the corner or corners of any survey shall have been destroyed or obliterated by time or accident, the owner of such survey, or of any other lands, the title of which may be affected by the loss of any such corner, or if the corner is a corner of the United States Public Land Survey, the state land surveyor may call on a judge of the circuit court, other than a municipal judge, of the county in which the land shall be situate, for the purpose of establishing such corners by testimony.

(RSMo 1939 § 1974, A. 1949 S.B. 1126, A.L. 1978 H.B. 1634, A.L. 1981 H.B. 414)

Prior revisions: 1929 § 1810; 1919 § 5497; 1909 § 6440

CROSS REFERENCE:

Corners lost, reestablished, rules, 60.315

446.240 - Duty of register of lands, evidence.

The register of lands shall procure suitable books and record therein all letters and instructions received from the land department at Washington concerning lands granted to this state, and shall also record in such books all lists of lands certified by the commissioner of such land office, under the provisions of the act recited in section 446.230, as belonging to the state; and copies of such record, certified by the register of lands, shall be prima facie evidence of the facts therein stated.

(RSMo 1939 § 1848)

Prior revisions: 1929 § 1684; 1919 § 5371; 1909 § 6316

CROSS REFERENCES:

Copies of patents evidence, when, 59.390

Patents to be evidence of title, 241.120

446.340 - Archives of recorder's office of St. Louis, evidence.

Certified copies of the records of the ancient archives deposited in the office of the recorder of the county or city of St. Louis, consisting of deeds, mortgages, marriage contracts, settlements, adjudications and other instruments of writing relating to or affecting titles to real estate, and which were received from the French or Spanish authorities of Louisiana, and which have been or may hereafter be recorded, as directed by law, shall be received in evidence in all courts of this state.

(RSMo 1939 § 1849)

Prior revisions: 1929 § 1685; 1919 § 5372; 1909 § 6317

446.050 - Attendance of surveyor and witnesses — judge's duty.

Such judge shall, upon application, issue his warrant to the sheriff of the county to cause to come before him, at a place on the land and on a day to be designated in the warrant, the county surveyor and such witnesses, as well without as within the county, as the person demanding such warrant, or other persons interested, may require.

(RSMo 1939 § 1975, A. 1949 S.B. 1126, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1811; 1919 § 5498; 1909 § 6441

Effective 1-02-79

446.150 - Plats, certificates and depositions in evidence.

Plats and certificates of surveys and depositions to establish corners, or certified copies of the record thereof, when the same shall have been made or taken in conformity to the provisions of sections 446.010 to 446.180, may be used and received in evidence in all cases to which they may relate, subject to exceptions for irrelevancy or incompetency.

(RSMo 1939 § 1985)

Prior revisions: 1929 § 1821; 1919 § 5508; 1909 § 6451

CROSS REFERENCE:

Surveys as legal evidence, 60.150

446.350 - Copies of plats, surveys — United States surveyor's office.

Copies of plats, surveys, entries, New Madrid certificates and locations, and of all other papers which are by law required to be deposited or kept in the office of the surveyor of the lands of the United States in this state, duly certified by such surveyor, shall be received as evidence.

(RSMo 1939 § 1838)

Prior revisions: 1929 § 1674; 1919 § 5361; 1909 § 6306

CROSS REFERENCES:

Copies of entries on book of United States land office to be received in evidence, 490.200

Copies of letters received by the register of any United States land office from superior officer received in evidence, 490.210

446.250 - New Madrid certificates and patents prima facie evidence.

When, in any action for the recovery of the possession of premises, any land shall be claimed by virtue of a location in lieu of other lands injured by earthquakes, the certificate of new location granted by the recorder of land titles, and the patent issued in consequence, shall be only prima facie evidence of title in the grantee therein named, subject to be rebutted as herein prescribed.

(RSMo 1939 § 1539)

Prior revisions: 1929 § 1375; 1919 § 1825; 1909 § 2392

446.270 - New Madrid certificates.

Copies of certificates granted by the recorder of land titles, under the act of Congress for the relief of the sufferers by earthquakes in the county of New Madrid, and all other books and papers, which by law are required to be deposited or kept at his office, duly certified by him, shall be received as evidence.

(RSMo 1939 § 1832)

Prior revisions: 1929 § 1668; 1919 § 5355; 1909 § 6300

446.070 - Adjournment.

Such judge shall have power to adjourn from day to day, when the same may be necessary to the accomplishment of the examination.

(RSMo 1939 § 1977, A. 1949 S.B. 1126, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1813; 1919 § 5500; 1909 § 6443

Effective 1-02-79

446.170 - Costs, how paid.

All fees and costs attending the proceedings under sections 446.010 to 446.170 shall, in the first instance, be paid by the party on whose application the same shall be had, who may recover from persons who shall use or be benefitted by the same their equal proportion of the expenses incurred in obtaining it.

(RSMo 1939 § 1986)

Prior revisions: 1929 § 1822; 1919 § 5509; 1909 § 6452

446.260 - Rebutted, how.

It shall be lawful for the adverse party to rebut such evidence by proof that the grantee in such certificate or patent named was not, at the time the same or either of them issued, the owner of the injured lands in lieu of which the said certificate or patent issued, and the title to the land located by virtue of such certificate or patent shall be determined according to the rights of the parties to the land, as located by virtue thereof.

(RSMo 1939 § 1540)

Prior revisions: 1929 § 1376; 1919 § 1826; 1909 § 2393

446.160 - Examination of witness through interpreter.

When any witness examined under sections 446.010 to 446.180 cannot clearly understand and speak the English language, his examination shall be made through a competent interpreter, duly sworn correctly to translate into his language to him all questions put to him, and his answers thereto, into the English language; and the officer taking his deposition shall reduce the questions and answers to writing, in the English language, which, being distinctly translated to him by said interpreter, shall be sworn to and subscribed by said witness.

(RSMo 1939 § 1987)

Prior revisions: 1929 § 1823; 1919 § 5510; 1909 § 6453

446.060 - Examination of witnesses.

Such judge shall, on the day appointed, proceed to the place designated, and there, in the presence of the county surveyor, examine the witnesses summoned, and others attending, touching the existence or situation of such destroyed or obliterated corners, or any other matter in relation to the entry or survey of such lands, or of the corners or boundaries of any adjoining lands, when the same may be necessary or conducive to the accomplishment of the object of the application.

(RSMo 1939 § 1976, A. 1949 S.B. 1126, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1812; 1919 § 5499; 1909 § 6442

Effective 1-02-79

446.330 - Copies of record of original archives.

Whenever it shall appear that the original of any of the records, archives or other evidences mentioned in sections 446.290 to 446.320, after having been deposited and recorded in the office of the recorder of land titles, or of the recorder of any county, in pursuance of law, cannot be found therein, or has been lost or destroyed, or that neither the original nor a duly certified copy thereof can be obtained by the parties wishing to use it, a copy of the record of such original, duly certified by the officer having charge of such record, shall be received in evidence.

(RSMo 1939 § 1837)

Prior revisions: 1929 § 1673; 1919 § 5360; 1909 § 6305

446.230 - Certain titles confirmed.

Whenever the title in fee to any lands shall be vested in the state of Missouri, under the provisions of an act of Congress entitled "An act to vest in the several states and territories the title in fee of the lands which have been or may be certified to them", approved August 3, 1854, the same shall inure to and be vested in the purchaser from the state in all cases where such lands have been sold; and all patents or conveyances executed by the governor for lands sold by the state are hereby confirmed, and all the title the state now has or hereafter may acquire, by virtue of the above recited act, to the land so sold, is hereby granted to the purchaser, his heirs or assigns, as fully as the same could be done by issuance of a new patent.

(RSMo 1939 § 1847)

Prior revisions: 1929 § 1683; 1919 § 5370; 1909 § 6415

446.030 - Surveyor — duties — fees.

He shall cause to be planted, by the person requiring such survey, at each corner desired to be established, a stone or post, and shall mark and describe witness trees, if within a reasonable distance, noting in his field notes the course and distance to them; he shall note also the names of his chainmen, flagmen and other persons present at the planting of any corner stone or post; and he shall record a copy of his field notes in a book to be kept by him for that purpose, and certify the same, and shall deliver a certified copy of such field notes to any person requiring it, for which copy he shall receive at the rate of fifteen cents for every hundred words.

(RSMo 1939 § 1973)

Prior revisions: 1929 § 1809; 1919 § 5496; 1909 § 6439

446.130 - Plat and certificate recorded.

He shall record such plat and certificate in a book to be by him kept and provided for that purpose, and shall deliver the original, with any depositions delivered to him, duly certified, to the recorder of the county.

(RSMo 1939 § 1983)

Prior revisions: 1929 § 1819; 1919 § 5506; 1909 § 6449

446.175 - Land patent not issued by state, owner may acquire, requirements.

1.Any person owning land for which a patent should have been issued by the state but was not may acquire a patent for such land by:

(1)Proving, by affidavits or otherwise, to the satisfaction of the secretary of state, that he, or someone under whom he claims title, purchased the land for which the patent is sought from the state and that the state has been paid for such land; and

(2)Proving, by affidavits of two disinterested householders of the township in which the land for which a patent is sought is located, that he, and those under whom he claims title, have been in open, notorious, exclusive, continuous, adverse, and hostile possession of all of such land for the period of ten years immediately prior to the time of applying for a patent under this section, and that during such time no other person has ever set up or made any claim to such land, or any portion thereof, which is hostile or adverse to the title of the applicant and those under whom he claims title.

2.When an applicant has complied with subdivisions (1) and (2) of subsection 1 of this section, the secretary of state shall issue the patent requested.

3.The provisions of this section shall only apply when the records in the office of the secretary of state show that the land in question is state land which has not been disposed of to any other person and when all documents and proofs required by this section have been filed in the land department of the secretary of state and preserved among the records thereof.

(L. 1983 S.B. 109)

446.220 - Fees allowed to owners of abstracts.

The owner, owners, keeper or custodian of any such abstracts or land title abstract books shall be allowed to charge for the services rendered under the provisions of sections 446.190 to 446.220 the following fees only:

For the first entry, or remove in the chain of title, in any copy of an abstract$1.00
For each additional entry therein.50
For certificate and authentication to copy of abstract.50
For producing abstract books in court as evidence, in any court held in the county wherein the custodian of the abstracts resides, for each day3.50
For producing abstract books in court as evidence, in any court held outside of the county wherein the custodian of the abstract resides, for each day, and for each day spent in going and returning5.00
For mileage in going to and returning from court, per mile.05

(RSMo 1939 § 1952)

Prior revisions: 1929 § 1788; 1919 § 5475; 1909 § 6418

446.320 - French and Spanish archives, copies of.

A copy of any such conveyance or evidence of title, among the archives of the French or Spanish government, deposited in pursuance of law, in the office of the recorder of any county, and therein recorded, and a copy of any record of the French or Spanish government, so deposited in such office, being duly certified by him, shall be received in evidence with like effect as the original.

(RSMo 1939 § 1836)

Prior revisions: 1929 § 1672; 1919 § 5359; 1909 § 6304

446.120 - Plat and certificate of survey.

Such surveyor shall make out a plat and certificate of such survey, noting therein the corners at which he shall have planted stones or posts, the names of the chainmen, markers and others present at the planting of the same, and that the same was done in accordance with the testimony contained in the depositions.

(RSMo 1939 § 1982)

Prior revisions: 1929 § 1818; 1919 § 5505; 1909 § 6448

446.020 - Surveyor's notes — contents.

Such surveyor shall note particularly in his field notes the corner from which he starts the survey and to which he traces the lines, noting the condition of the corner trees, if any, marking particularly every object of note, over or by which the lines may pass; also the falling off distance, and the variation at which side lines shall have been surveyed.

(RSMo 1939 § 1972)

Prior revisions: 1929 § 1808; 1919 § 5495; 1909 § 6438

446.100 - Evidence of notice.

Satisfactory evidence of such notice shall be required by the judge before he proceeds to take such depositions, which shall appear in his certificate annexed to the depositions.

(RSMo 1939 § 1980, A. 1949 S.B. 1126, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1816; 1919 § 5503; 1909 § 6446

Effective 1-02-79

446.200 - Certificate of judges entered of record — received in evidence.

1.The certificate provided for by section 446.190 to be made and filed by the said judges of the circuit court and the commissioners of the county commission, or by the judges of the circuit court of the city of St.Louis, shall be by the said clerk of the circuit court entered and spread upon the records of the circuit court of the county, the said records of which have been so lost, destroyed or injured.

2.Thereupon, the said clerk of the circuit court of such county shall make out from said circuit court records, and transmit to the recorder of deeds of such county a certified copy of such certificate, so made and filed by said judges or commissioners, and the recorder of deeds shall, thereupon, record such certified copy of said certificate in the land record books of his office.

3.And a certified copy of said judges' certificate, under the hand and official seal of the clerk of the circuit court of such county, shall be received in all of the courts of this state, and in all of the courts held within this state, and in all places and inquiries within this state wherein said matters and things may be pertinent, as prima facie evidence of the facts and recitals set out and contained in said certificate of said judges or commissioners.

(RSMo 1939 § 1950)

Prior revisions: 1929 § 1786; 1919 § 5473; 1909 § 6416

446.300 - Copies from Livre Terrein.

Copies of all petitions, grants, orders and returns of survey, and other evidences of title, contained in any land book, commonly called Livre Terrein, and copies of all such other records of the French or Spanish government, and of such evidences of title mentioned in the preceding section, as are by law required to be deposited in the office of the recorder of land titles, duly certified by him, shall be received in evidence, with like effect as the original.

(RSMo 1939 § 1834)

Prior revisions: 1929 § 1670; 1919 § 5357; 1909 § 6302

446.010 - Decayed corners — surveyed when.

Any person, his agent or attorney, owning or being interested in any tract of land within this state, any corner or corners of which shall be in a decayed or perishable condition, may require the surveyor of the county to make a survey thereof.

(RSMo 1939 § 1971)

Prior revisions: 1929 § 1807; 1919 § 5494; 1909 § 6437

446.110 - Surveyors to re-mark decayed corners, when.

The county surveyor shall, if required by the party owning or being interested in such survey make a survey thereof, and cause to be planted a stone or post at each of the decayed or obliterated corners, and shall be governed in his survey, and in planting such stone or post at the corners, by the depositions which shall have been taken and delivered to him in relation thereto.

(RSMo 1939 § 1981)

Prior revisions: 1929 § 1817; 1919 § 5504; 1909 § 6447

CROSS REFERENCE:

Corners lost, reestablishment, rules, 60.315

446.310 - French and Spanish archives, evidence.

When any such conveyance or other evidences of title, as mentioned in section 446.290 shall have belonged to the archives of the French or Spanish government, and shall have been deposited in the office of the recorder of any county, and therein recorded, it shall, being duly certified by such recorder, be received in evidence without further proof.

(RSMo 1939 § 1835)

Prior revisions: 1929 § 1671; 1919 § 5358; 1909 § 6303

446.210 - Abstract of title to lands received in evidence, when.

In all cases, and in all suits, trials and actions, in any of the courts of this state, and in any of the courts held within this state, in any proceeding relating to, or affecting the title to lands, or any interest therein, or any lien or encumbrance thereon, any party to such case, suit, trial or action shall be permitted to offer and introduce as evidence therein, and all of the said courts shall receive as competent evidence therein, any abstract of title, or land title abstract book, or books, which are fair upon their face, and which are shown to have been made by any person, in the usual and ordinary course of business, prior to the loss, injury or destruction of the official records, or parts thereof, of the county wherein the lands affected by such suit, trial or action lie; provided, that before such abstract, or land title abstract books shall be admissible, the party desiring to offer the same, or his agent, or attorney, shall, orally, in court, or by an affidavit filed in the cause, state under oath, that the originals of the deeds, conveyances or instruments affecting the title, or some part thereof, are lost, destroyed, or so injured as to be illegible, or that the said originals are not within the power of the party to produce, and that the record of such deeds, conveyances and instruments has been lost, destroyed or burned.