Missouri Revised Statutes

Chapter 442
Titles and Conveyance of Real Estate

August 28, 2013




Definitions.

442.010. When used in this chapter unless otherwise apparent from the context:

(1) The term "adult" shall be construed as meaning any person who is eighteen years of age or older;

(2) The term "minor" shall be construed as meaning any person who is less than eighteen years of age;

(3) The term "real estate" shall be construed as coextensive in meaning with lands, tenements and hereditaments, and as embracing all chattels real and as including a manufactured home as defined in section 700.010, which is real estate as defined in subsection 7 of section 442.015.

(RSMo 1939 3439, A.L. 1974 2d Ex. Sess. S.B. 2, A.L. 2010 S.B. 630)

Prior revisions: 1929 3052; 1919 2211; 1909 2822

Effective 3-01-11



Solar energy is a property right--eminent domain not permitted--easement requirements.

442.012. 1. The right to utilize solar energy is a property right but eminent domain may not be used to obtain such property right.

2. Any easements obtained for the purpose of construction, reconstruction, remodeling or acquisition of a solar energy device shall only be created in writing and shall be subject to the same conveyancing and instrument recording requirements as other easements. Any instrument creating a solar easement shall include, but not be limited to: The vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property subject to the solar easement and any terms or conditions or both under which the solar easement is granted or will be terminated. Easements for solar light shall be considered a negative easement and cannot be acquired by prescription but must be negotiated expressly.

(L. 1979 H.B. 71 1)



Private landowner protection act--definitions--conservation easement permitted, when, validity--applicability.

442.014. 1. This act* shall be known and may be cited as the "Private Landowner Protection Act".

2. As used in this section, unless the context otherwise requires, the following terms mean:

(1) "Conservation easement", a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic, or open-space values of real property, assuring its availability for agricultural, forest, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property;

(2) "Holder", any of the following:

(a) A governmental body empowered to hold an interest in real property under the laws of this state or the United States;

(b) A charitable corporation, charitable association, or charitable trust, the purposes, powers, or intent of which include retaining or protecting the natural, scenic, or open-space values of real property, assuring the availability of real property for agricultural, forest, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property; or

(c) An individual or other private entity;

(3) "Third-party right of enforcement", a right expressly provided in a conservation easement to enforce any of its items granted to a designated governmental body, charitable corporation, charitable association, charitable trust, individual, or any other private entity which, although eligible to be a holder, is not a holder.

3. (1) Except as otherwise provided in this section, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements. No right or duty in favor of or against a holder and no right in favor of a person having a third-party right of enforcement arises under a conservation easement before its acceptance by the holder and a recordation of the acceptance. Except as provided in subdivision (2) of this subsection, a conservation easement is unlimited in duration unless the instrument creating it provides otherwise.

(2) An interest in real property in existence at the time a conservation easement is created is not impaired by it unless the owner of the interest is a party to the conservation easement or consents to it.

4. (1) An action affecting a conservation easement may be brought by an owner of an interest in real property burdened by the easement; a holder of the easement, a person having a third-party right of enforcement; or a person authorized by other law.

(2) This section does not affect the power of a court to modify or terminate a conservation easement in accordance with the principles of law and equity.

5. A conservation easement is valid even though:

(1) It is not appurtenant to an interest in real property;

(2) It can be or has been assigned to another holder;

(3) It is not of a character that has been recognized traditionally at common law;

(4) It imposes a negative burden that would prevent a landowner from performing acts on the land he or she would otherwise be privileged to perform absent the agreed-upon easement;

(5) It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;

(6) The benefit does not touch or concern real property; or

(7) There is no privity of estate or of contract.

6. Nothing in this section shall affect the ability of any public utility, municipal utility, joint municipal utility commission, rural electric cooperative, telephone cooperative, or public water supply district to acquire an easement, either through negotiation with an owner of an interest in real property or by condemnation, to lay or construct plants or facilities for the transmission or distribution of electricity, natural gas, telecommunications service, water, or the carriage of sewage along or across a conservation easement.

7. This section applies to any interest created after its effective date which complies with this section, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise. This section applies to any interest created before its effective date if it would have been enforceable had it been created after its effective date unless retroactive application contravenes the constitution or laws of this state or the United States. This section does not alter the terms of any interest created before its effective date, or impose any additional burden or obligation on any grantor or grantee of such interest, or on their successors or assigns. This section does not invalidate any interest, whether designated as a conservation or preservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise, that is enforceable under other laws of this state.

(L. 2011 H.B. 89 merged with H.B. 458)

*"This act" (H.B. 89 merged with H.B. 458, 2011) contained numerous sections. Consult Disposition of Sections table for a definitive listing.

CROSS REFERENCE:

Nonseverability clause, 640.099



Conveyance or encumbrance of manufactured homes, requirements--affidavit of affixation--deemed real estate, when--detachment or severance from real estate, effect of.

442.015. 1. For the purposes of this section, "manufactured home" means a manufactured home as defined in section 700.010. Notwithstanding the foregoing, for the purposes of 11 U.S.C. Section 1322(b)(2), a manufactured home shall be deemed to be real property. For the purposes of this section, a manufactured home is permanently affixed if it is anchored to real estate by attachment to a permanent foundation, constructed in accordance with applicable state and local building codes and manufacturer's specifications as provided in 24 CFR Part 3285, and connected to residential utilities, such as water, gas, electricity, or sewer or septic service.

2. To convey or voluntarily encumber a manufactured home as real estate, the following conditions shall be met:

(1) The manufactured home shall be permanently affixed to real estate;

(2) The ownership interests in the manufactured home and the real estate to which the manufactured home is or shall be permanently affixed shall be identical, provided, however, that the owner of the manufactured home, if not the owner of the real estate, is in possession of the real estate under the terms of a lease in recordable form that has a term that continues for at least twenty years after the date of execution, and the consent of the lessor of the real estate;

(3) The person or persons having an ownership interest in such manufactured home shall execute and record with the recorder of deeds of the county in which the real estate is located an affidavit of affixation as provided in subsection 3 of this section, and satisfy the other applicable requirements of this section; and

(4) Upon receipt of a certified copy of the affidavit of affixation, any person designated for filing the affidavit of affixation with the director of revenue under paragraph (h) of subdivision (1) of subsection 3 of this section shall file the certified copy of affidavit of affixation with the director of revenue as follows:

(a) In a case described in item (i) of subparagraph a. of paragraph (d) of subdivision (1) of subsection 3 of this section, the certified copy of the affidavit of affixation and the original manufacturer's certificate of origin, each as recorded in the county in which the real estate is located, shall be filed with the director of revenue under subsection 1 of section 700.111;

(b) In a case described in item (i) of subparagraph b. of paragraph (d) of subdivision (1) of subsection 3 of this section, the certified copy of the affidavit of affixation, as recorded in the county in which the real estate is located, and the original certificate of title shall be filed with the director of revenue under subsection 2 of section 700.111; and

(c) In a case described in item (ii) of subparagraph a. of paragraph (d) of subdivision (1), item (ii) of subparagraph b. of paragraph (d) of subdivision (1), or paragraph (f) of subdivision (1) of subsection 3 of this section, the certified copy of the affidavit of affixation, as recorded in the county in which the real estate is located and an application for confirmation of conversion shall be filed with the director of revenue under subsection 3 of section 700.111.

3. (1) An affidavit of affixation shall contain or be accompanied by:

(a) The name of the manufacturer, the make, the model name, the model year, the dimensions, and the manufacturer's serial number of the manufactured home, and whether the manufactured home is new or used;

(b) a. A statement that the party executing the affidavit is the owner of the real estate described therein; or

b. If not the owner of the real estate:

(i) A statement that the party executing the affidavit is in possession of the real estate under the terms of a lease in recordable form that has a term that continues for at least twenty years after the date of execution of the affidavit; and

(ii) The consent of the lessor of the real estate endorsed upon or attached to the affidavit and acknowledged or proved in the manner as to entitle a conveyance to be recorded;

(c) The street address and the legal description of the real estate to which the manufactured home is or shall be permanently affixed;

(d) a. If the manufactured home is not covered by a certificate of title, a statement by the owner to that effect, and either:

(i) A statement by the owner of the manufactured home that the manufactured home is covered by a manufacturer's certificate of origin, the date the manufacturer's certificate of origin was issued, the manufacturer's serial number, and a statement that annexed to the affidavit of affixation is the original manufacturer's certificate of origin for the manufactured home, duly endorsed to the owner of the manufactured home, and that the owner of the manufactured home shall surrender the manufacturer's certificate of origin to the director of revenue; or

(ii) A statement that the owner of the manufactured home, after diligent search and inquiry, is unable to produce the original manufacturer's certificate of origin for the manufactured home and that the owner of the manufactured home shall apply to the director of revenue for a confirmation of conversion of the manufactured home; or

b. If the manufactured home is covered by a certificate of title, either:

(i) A statement by the owner of the manufactured home that the manufactured home is covered by a certificate of title, the date the title was issued, the title number, and that the owner of the manufactured home shall surrender the title; or

(ii) A statement that the owner of the manufactured home, after diligent search and inquiry, is unable to produce the certificate of title for the manufactured home and that the owner of the manufactured home shall apply to the director of revenue for a confirmation of conversion of the manufactured home;

(e) A statement whether or not the manufactured home is subject to one or more security interests or liens and:

a. If the manufactured home is subject to one or more security interests or liens, the name and address of each party holding a security interest in or lien on the manufactured home, including but not limited to, each holder shown on any certificate of title issued by the director of revenue, if any, the original principal amount secured by each security interest or lien, and a statement that the security interest or lien shall be released; or

b. A statement that each security interest in or lien on the manufactured home, if any, has been released, together with due proof of each such release;

(f) If the manufactured home is covered by neither a manufacturer's certificate of origin nor a certificate of title, a statement by the owner of the manufactured home to that effect and that the owner of the manufactured home shall apply to the director of revenue for a confirmation of conversion of the manufactured home;

(g) A statement that the manufactured home is or shall be permanently affixed to the real estate; and

(h) The name and address of a person designated for filing the certified copy of the affidavit of affixation with the director of revenue, after it has been duly recorded in the real estate records, as provided in subsection 5 of this section.

(2) An affidavit of affixation shall be duly acknowledged or proved in like manner as to entitle a conveyance to be recorded, and when so acknowledged or proved and upon payment of the lawful fees therefor, the recorder of deeds shall immediately cause the affidavit of affixation and any attachments to be duly recorded and indexed in the same manner as other instruments affecting real property.

(3) The affidavit of affixation shall be accompanied by an applicable fee for recording and issuing a certified copy of such affidavit.

4. Neither the act of permanently affixing a manufactured home to real estate nor the recording of the affidavit of affixation shall impair the rights of any holder of a security interest in or lien on a manufactured home perfected as provided in section 700.350, unless and until the due filing with and acceptance by the director of revenue of an application to surrender the title as provided in subsection 2 of section 700.111, and the release of such security interest or lien as provided in section 700.370. Upon the filing of such a release, the security interest or lien perfected under section 700.350 is terminated.

5. The recorder of deeds shall deliver a certified copy of the affidavit of affixation and all attachments thereto to the person or party delivering the documents to the recorder for record. Upon receipt of a certified copy of the affidavit of affixation by the person designated therein, such person shall deliver for filing to the director of revenue such certified copy of the affidavit of affixation and the other documents as provided in subdivision (4) of subsection 2 of this section.

6. A manufactured home shall be deemed to be real estate when all of the following events have occurred:

(1) The manufactured home is permanently affixed to land as provided in subsection 1 of this section;

(2) An affidavit of affixation conforming to the requirements of subsection 3 of this section has been recorded in the conveyance records in the office of the county recorder in the county where the manufactured home is permanently affixed;

(3) A certified copy of the affidavit of affixation has been delivered for filing to the director of revenue as provided in subsection 5 of this section; and

(4) The requirements of subsections 1 to 3 of section 700.111, as applicable, have been satisfied.

7. Upon the satisfaction of the requirements of subsection 6 of this section, such manufactured home shall be deemed to be real estate; any mortgage, deed of trust, lien, or security interest which can attach to land, buildings erected thereon or fixtures affixed thereto shall attach as of the date of its recording in the same manner as if the manufactured home were built from ordinary building materials on site. Title to such manufactured home shall be transferred by deed or other form of conveyance that is effective to transfer an interest in real estate, together with the land to which such structure has been affixed. The manufactured home shall be deemed to be real estate and shall be governed by the laws applicable to real estate.

8. Except as provided in subsections 3, 5, 6, and 7 of this section, an affidavit of affixation is not necessary or effective to convey or encumber a manufactured home or to change the character of the manufactured home to real estate. No conveyance of land upon which is located a manufactured home for which no affidavit of affixation has been recorded or for which an affidavit of severance has been recorded shall effect a conveyance or transfer of any interest in said manufactured home. Any such conveyance or transfer of such manufactured home may only be made under the provisions of chapter 700 and any agreement by any party to the transaction whereby the requirements of this subsection are waived shall be void as contrary to public policy.

9. Nothing in this section shall impair any rights existing under law prior to August 28, 2010, of anyone claiming an interest in the manufactured home.

10. (1) If and when a manufactured home for which an affidavit of affixation has been recorded is detached or severed from the real estate to which it is affixed, the person or persons having an interest in the real estate shall record an affidavit of severance in the records of real property conveyances of the county in which the affidavit of affixation with respect to the manufactured home is recorded. The affidavit of severance shall contain or be accompanied by:

(a) The name, residence, and mailing address of the owner of the manufactured home;

(b) A description of the manufactured home including the name of the manufacturer, the make, the model name, the model year, the dimensions, and the manufacturer's serial number of the manufactured home and whether it is new or used;

(c) The book number, page number, and date of recordation of the affidavit of affixation;

(d) A statement:

a. Of any facts or information known to the party executing the affidavit that could affect the validity of the title of the manufactured home or the existence or nonexistence of a security interest in or lien on it; or

b. That no such facts or information are known to such party;

(e) A declaration by an attorney-at-law duly admitted to practice in the courts of the state of Missouri or an agent of a title insurance company duly licensed to issue policies of title insurance in the state of Missouri that:

a. The manufactured home is free and clear of, or has been released from, all recorded security interests, liens, and encumbrances; and

b. Any facts or information known to him or her that could affect the validity of the title of the manufactured home or the existence or nonexistence of a security interest in or lien on it; or

c. That no such facts or information are known to him or her; and

(f) The name and address of the person designated for filing the certified copy of the affidavit of severance with the director of revenue, after it has been duly recorded in the real estate records, as provided in subsection 11 of this section.

(2) The affidavit of severance shall be duly acknowledged or proved in like manner as to entitle a conveyance to be recorded, and when so acknowledged or proved and upon payment of the lawful fees therefor, such recorder of deeds shall immediately cause the affidavit of severance and any attachments thereto to be duly recorded and indexed in the same manner as other instruments affecting real property.

(3) The affidavit of severance shall also be accompanied by an applicable fee for recording and issuing a certified copy of such affidavit.

11. The recorder of deeds shall deliver a certified copy of the affidavit of severance to the person or party delivering the documents to the recorder for record. Upon receipt of a certified copy of the affidavit of severance, the person designated therein shall deliver such certified copy of the affidavit of severance and the other documents, as provided in subdivision (1) of subsection 10 of this section, to the director of revenue.

(L. 2010 S.B. 630)

Effective 3-01-11



Publication of certain real estate transactions.

442.018. All public advertisements and orders of publication required by law to be made, including but not limited to amendments to the Missouri Constitution, legal publications affecting all sales of real estate under a power of sale contained in any mortgage or deed of trust, and other legal publications affecting the title to real estate, shall be published in a newspaper of general circulation, qualified under the provisions of section 493.050, and persons responsible for orders of publication described in sections 443.310 and 443.320 shall be subject to the prohibitions in sections 493.130 and 493.140.

(L. 2009 H.B. 481 2)

CROSS REFERENCE:

Transactions, publication of required, when, 493.055



Conveyances of lands.

442.020. Conveyances of lands, or of any estate or interest therein, may be made by deed executed by any person having authority to convey the same, or by his agent or attorney, and acknowledged and recorded as herein directed, without any other act or ceremony whatever.

(RSMo 1939 3401)

Prior revisions: 1929 3014; 1919 2174; 1909 2787

CROSS REFERENCE:

Statute of frauds--conveyances to be in writing, 432.010



Conveyance to self and others to create joint estate.

442.025. 1. Any person or persons owning real estate, or any interest therein, which he or they have power to convey, may effectively convey such real estate by a conveyance naming himself or themselves and another person or persons, or one or more of themselves and another person or persons, as grantees, and the conveyance has the same effect as to whether it creates a joint tenancy, or tenancy by the entireties, or tenancy in common, or tenancy in partnership, as if it were a conveyance from a stranger who owned the real estate to the persons named as grantees in the conveyance.

2. Any two or more persons owning real estate, or any interest therein, which they have power to convey, may effectively convey such real estate by a conveyance naming one, or more than one, or all such persons as grantees, and the conveyance has the same effect, as to whether it creates a separate ownership, or a joint tenancy, or tenancy by the entireties, or tenancy in common, or tenancy in partnership, as if it were a conveyance from a stranger who owned the real estate, to the persons named as grantees in the conveyance.

3. Any "person" mentioned in this section may be a married person, and any "persons" so mentioned may be persons married to each other.

(L. 1953 p. 615 442.024)

CROSS REFERENCE:

Homestead, conveyance requirements, 513.475



Conveyance of property of spouse--covenants.

442.030. A husband and wife may convey the real estate of the husband or wife by their joint deed acknowledged and certified as herein provided. Where the property conveyed is owned by the husband and wife as an estate by the entirety, then both shall be bound by the covenants therein expressed or implied.

(RSMo 1939 3402, A.L. 2001 H.B. 537)

Prior revisions: 1929 3015; 1919 2175; 1909 2788

CROSS REFERENCES:

Conveyance by joint deed of husband or wife and guardian of spouse, when authorized, 451.300

Homestead, how conveyed, 513.475



Conveyance of estates by the entireties by minors or disabled persons, conservator's powers and duties.

442.035. 1. If any property, real or personal, including homestead property, is held by a husband and wife as tenants by the entirety, whether such entireties estate was created before or is created after July 1, 1997, and if one spouse is an adult and competent and the other spouse is under the age of eighteen or disabled as defined in chapter 475, or if both spouses are under the age of eighteen or disabled, or if one spouse is under the age of eighteen and the other is disabled, the conservator of any such spouse, subject to the provisions of subsections 2 and 3 shall have full power to act for such conservator's protectee and to do all things with respect to the property that the protectee could do if such protectee were an adult and competent; and without limiting the generality of the foregoing, the conservator acting with the other spouse or the other conservator may sell, convey, exchange, mortgage or pledge to secure loans of cash or purchase money, lease, invest, reinvest, partition the property or its proceeds in equal shares, convert the property or its proceeds into a tenancy in common in equal shares, or otherwise dispose of the property.

2. The power confirmed in a conservator by this section shall at all times be subject to the approval, control, and supervision of the probate division of the circuit court having venue of the conservatorship. Either the conservator or the adult and competent spouse may petition or apply to the appropriate court for approval of an agreed proposed disposition of property held by entireties. In the event the court finds that the proposed disposition is fair and equitable to the protectee taking into consideration all of the circumstances of the case including the proper interests of the other spouse, the court shall make appropriate authorization of disposition and such orders as are necessary and proper in the case. Insofar as is practicable, procedure in the probate division of the circuit court shall be in accord with the procedure provided in chapter 475 for a similar type of disposition of property. The court in its discretion may tax the costs against both parties in equal or unequal shares, or solely against one party, or solely against the other party.

3. If one of the spouses who hold by entireties is the conservator of the other spouse, such conservator shall not represent such conservator's protectee in any negotiations for agreement respecting disposition of the entireties property or in any proceedings for approval of an agreed proposed disposition of such property, but in all such matters the protectee shall be represented by a guardian ad litem. In such cases, on petition or application by the adult and competent spouse, acting individually or as conservator, for disposition of the entireties property, the court shall appoint a guardian ad litem to represent the protectee in the matter of a proposed disposition of the property, and the guardian ad litem shall represent the protectee in any negotiations for agreement with the adult and competent spouse and in any proceedings for approval of the agreed proposed disposition of the property. In the event the agreed proposed disposition is approved by the court, the guardian ad litem shall be discharged and the conservator shall resume such conservator's full conservatorship and shall do all things necessary to carry into effect the disposition of the property as approved pursuant to authorization and orders by the court. In the event no agreement is reached after a reasonable time with reference to disposition of the property, the guardian ad litem shall be discharged.

4. This section has no application to the conveyance, encumbrance or sale of property by a person under the age of eighteen who holds such property as a tenant by the entirety and who is authorized by law to make such conveyance, encumbrance or sale in person.

(L. 1959 H.B. 225 1, A.L. 1974 2d Ex. Sess. S.B. 2, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45, A.L. 1996 S.B. 869)

Effective 7-1-97



Person under eighteen years of age may join in conveyance with adult spouse.

442.040. When any person under eighteen years of age is married to an adult who has or claims any interest in real estate and wishes to convey, encumber, lease or otherwise dispose or affect the same, the minor shall be deemed of age for the purpose of joining with his adult spouse in the execution of any instrument affecting the spouse's real estate.

(RSMo 1939 374, A. 1949 S.B. 1124, A.L. 1959 S.B. 140, A.L. 1974 2d Ex. Sess. S.B. 2)

Effective 1-7-75



Private or public corporations may convey real estate.

442.060. Any corporation, private or public, or otherwise organized, authorized to hold real estate, may convey the same by deed, sealed with the common seal of such corporation, and signed by the president or presiding member or trustee thereof; or any other officer, who by virtue of holding any designated office, the incumbent of which is authorized to perform such duties on behalf of the corporation, by resolution of its governing board, which resolution may contain a general authority to convey or may be limited to a specific case or to any class of cases; and such deed, when acknowledged or proved, as other deeds of real estate are by law required to be acknowledged or proved, shall be recorded in the proper office and have like effect as other deeds; provided, however, that nothing in this section contained shall be construed to grant any power not heretofore granted to any municipal corporation or to any county or to any political subdivision of this state.

(RSMo 1939 3404)

Prior revisions: 1929 3017; 1919 2177; 1909 2790

CROSS REFERENCES:

Banks and trust companies, power to take and hold real estate, 362.165

Ultra vires conveyance by corporation, effect, 351.395



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.

(RSMo 1939 3405)

Prior revisions: 1929 3018; 1919 2178; 1909 2791



Conveyances by persons under eighteen years of age binding, when.

442.080. All deeds, mortgages, deeds of trust and other instruments affecting title to real estate hereafter executed by any person under the age of eighteen shall be binding upon such person under the age of eighteen unless he shall file a deed or other instrument duly acknowledged in the office of the recorder of deeds where the land is situate, disaffirming the same, within two years after the disability of the minority is removed.

(RSMo 1939 3446, A. 1949 S.B. 1124, A.L. 1974 2d Ex. Sess. S.B. 2)

Prior revisions: 1929 3059; 1919 2218

Effective 1-7-75



Conveyances by minor veterans valid when necessary to obtain advantage of federal law.

442.090. 1. For the purposes of taking advantage of the Servicemen's Readjustment Act of 1944, as amended, any person who is a resident of Missouri and who served honorably in the active military or naval service of the United States may execute a deed of trust, mortgage, or other instrument, affecting the title to or disposition of real or personal property, or a power of attorney, the validity of which is governed by the law of this state.

2. For the purpose of taking advantage of such federal act, as amended, such person may also contract, or borrow money, for the purchase or construction of homes, farms and business property whether the money is to be used in purchasing residential property or in constructing a dwelling on unimproved property owned by the veteran to be occupied as his or her home.

3. For the purposes of taking advantage of such federal act, as amended, such person may also borrow money for the purpose of making repairs, alterations, or improvements in, or paying delinquent indebtedness, taxes, or special assessments on residential property owned by the veteran and used by him or her as his or her home.

4. For the purposes of taking advantage of such federal act, as amended, such person may also borrow money to purchase any land, buildings, livestock, equipment, machinery or implements, or in repairing, altering, or improving any buildings or equipment, to be used in farming operations, borrow money to purchase any business, land, buildings, supplies, equipment, machinery, or tools to be used in pursuing a gainful occupation, other than farming, and to borrow money, enter into a contract, agreement or other instrument in writing as may be necessary pursuant to the Servicemen's Readjustment Act of 1944, as amended.

(L. 1945 p. 1182 1, A.L. 1953 p. 616, A.L. 1999 H.B. 136 merged with S.B. 188)



Sections 442.090 to 442.120 applicable to whom.

442.095. The provisions of sections 442.090 to 442.120 inclusive shall apply to any person otherwise eligible for a loan, guaranty, or insurance on a loan, pursuant to the Act of Congress of the United States entitled the Servicemen's Readjustment Act of 1944, as amended, and the minor spouse of any eligible veteran.

(L. 1953 p. 616, A.L. 1999 H.B. 136 merged with S.B. 188)



Disability of minority removed to enable veterans to acquire or convey property.

442.100. 1. The disability of minority of any person not under the age of eighteen otherwise eligible for guaranty of loan pursuant to the Servicemen's Readjustment Act of 1944, as amended, and of the spouse of such person, is hereby removed solely for the purposes of acquiring or encumbering, or selling and conveying property and the incurring of indebtedness or obligations incident to either or both, or the refinancing thereof, and litigating or settling controversies arising therefrom, if all or part of the obligations incident to such transaction be guaranteed by the administrator of veterans' affairs pursuant to such act and an application signed by such minor, or if the property is covered by a loan so guaranteed; provided, nevertheless, that sections 442.090 to 442.120 shall not be construed to impose any other or greater rights or liabilities than would exist if such person and such spouse were each above the age of twenty-one years.

2. Any person who signs any deed of trust, mortgage, contract, agreement, conveyance or other instrument in writing for the purposes required by the provisions of the Servicemen's Readjustment Act of 1944, as amended, if under the age of twenty-one years but not under the age of eighteen years when such instrument is executed, shall not have the right to repudiate the written obligation so made upon reaching the age of twenty-one years for the reason that he or she was under the age of twenty-one years when signing such instrument.

3. Any instrument executed prior to the effective date of sections 442.100 to 442.120* by a person in obtaining guaranty of a loan pursuant to the Servicemen's Readjustment Act of 1944, as amended, only who is under the age of twenty-one years but not under the age of eighteen years when signing such instrument is hereby validated, ratified and confirmed.

(L. 1945 p. 1182 2, A.L. 1999 H.B. 136 merged with S.B. 188)

*Effective date of 442.100 to 442.120 was July 24, 1945.



Honorable discharge of veteran, evidence necessary.

442.110. The record of the discharged veteran in the office of the recorder of deeds of the county of his or her residence, or other official evidence, in writing, of such person's discharge, other than dishonorable, from the military service, as provided for in sections 442.100 to 442.120, shall be deemed and taken as establishing prima facie evidence of such person's eligibility hereunder.

(L. 1945 p. 1182 3)



Loans to underage servicemen authorized.

442.120. Any person, either natural or corporate, residing or authorized to do business in the state of Missouri, the investment powers of whom or which are governed by statute, is hereby empowered and authorized to make any loan guaranteed as provided by the Servicemen's Readjustment Act of 1944, or for which there is a commitment to so guarantee, or for which a conditional guarantee has been issued, notwithstanding any other provision of law to the contrary relating to powers or authority of such person.

(L. 1945 p. 1182 4)



Execution of deeds and other conveyances.

442.130. All deeds or other conveyances of lands, or of any estate or interest therein, shall be subscribed by the party granting the same, or by his lawful agent, and shall be acknowledged or proved and certified in the manner herein prescribed.

(RSMo 1939 3406)

Prior revisions: 1929 3019; 1919 2179; 1909 2792

(2002) Section only requires the grantor actually conveying the interest in real property to subscribe a deed. Beck v. Beck, 90 S.W.3d 509 (Mo.App.E.D.).



Execution of deeds in foreign language--translation--recording.

442.140. 1. All deeds, mortgages or other instruments of writing conveying or affecting real estate, and all proofs and acknowledgments of the same executed in a foreign country, and in accordance with the laws of this state, may be made and taken in the language of such country.

2. And the same, accompanied with a sworn translation in English of the same, by the recorder of land titles in the county where recorded, shall be entitled to record and be received in evidence in any court in this state, in like manner as if the same were originally written in the English language.

(RSMo 1939 3412)

Prior revisions: 1929 3025; 1919 2184; 1909 2795



Proof or acknowledgment, by whom taken.

442.150. The proof or acknowledgment of every conveyance or instrument in writing affecting real estate in law or equity, including deeds of married women, shall be taken by some one of the following courts or officers:

(1) If acknowledged or proved within this state, by some court having a seal, or some judge, justice or clerk thereof, or a notary public; or

(2) If acknowledged or proved without this state and within the United States, by any notary public or by any court of the United States, or of any state or territory, having a seal, or the clerk of any such court or any commissioner appointed by the governor of this state to take the acknowledgment of deeds;

(3) If acknowledged or proved without the United States, by any court of any state, kingdom or empire having a seal or the mayor or chief officer of any city or town having an official seal or by any minister or consular officer of the United States or notary public having a seal.

(RSMo 1939 3408, A. 1949 S.B. 1124)

Prior revisions: 1929 3021; 1919 2181; 1909 2794

CROSS REFERENCES:

Acknowledgment of deed of trust taken before trustee in said deed deemed valid, when, 443.030

Commissioners of deeds in sister states, appointment, oath, powers, 486.100 to 486.140



Acknowledgment of instruments not affecting lands--certificate--curative provision.

442.155. 1. All officers within or without the state of Missouri now by the laws of this state authorized to take the proof or acknowledgment of any conveyance or other instrument in writing affecting real estate, shall have the power to take the proof or acknowledgment of any instrument in writing.

2. The certificate of the proof or acknowledgment shall be the same as now provided by law for the certificate of proof of acknowledgment to conveyances or other instruments in writing affecting real estate.

3. Any such proof or acknowledgment heretofore taken by any such officer of any instrument in writing not affecting real estate and which proof or acknowledgment was taken in conformity with the then existing law providing for the proof or acknowledgment of conveyances or other instruments in writing affecting real estate, are hereby validated and legalized for all purposes from and after the effective date of this section. It shall not be necessary to rerecord any such instrument.

(L. 1951 p. 751 1, 2, 3)



Acknowledgments of instruments by persons in military service--form--instruments previously acknowledged validated, when.

442.160. 1. Any commissioned officer, other than a commissioned warrant officer, of any of the Armed Forces of the United States, whether or not on active duty, may take proof or acknowledgment of any instrument in writing, of any member of any of the Armed Forces of the United States, whether or not on active duty, with like effect as if the same were taken within the state of Missouri by a notary public. If any instrument in writing so acknowledged by such member of the Armed Forces of the United States be of such a nature as to require a joint or separate acknowledgment of his or her spouse, such officers may take the acknowledgment of such spouse.

2. Such officer shall certify the act, stating the time and place thereof, over his signature, setting forth his grade, serial number, branch of service (Army, Navy, etc.), and permanent mailing address. If such officer shall omit from his certificate the place thereof, serial number, branch of service, and permanent mailing address, or any of them, it shall be deemed to have been done for reasons of security and shall not invalidate such certificate. The signature of any such officer, together with his grade, shall be prima facie evidence of his authority.

3. Any form of acknowledgment complying with the requirements of this section may be used, and the following form shall be taken to satisfy all requirements of this section:

With the Armed Forces )

of the United States ) ss

at ................................... )

On this ............ day of ............, A.D. 20.., before me, a commissioned officer of the Armed Forces of the United States, on active duty therewith, personally appeared ..............., a member of the Armed Forces of the United States, on active duty therewith, (and ................, (his wife, her husband),) to me known to be the person described in and who executed the foregoing instrument, and acknowledged that ................ executed the same as ........... free act and deed. (The said .............. declared ............. to be single and unmarried.)

IN TESTIMONY WHEREOF, I have hereunto set my hand and grade (serial number, branch of service, and permanent mailing address).

(Signature) Serial Number

............................................................. .................................

(Grade) (Branch of Service: Army, Navy, etc.)

............................................................. .................................

(Permanent mailing address)

............................................................. .................................

4. All such proof or acknowledgment of any instrument in writing heretofore made and which was not in conformity with the requirements of the laws at that time, but are in conformity with the requirements of this section, are hereby validated and legalized for all purposes from and after June 12, 1991. It shall not be necessary to rerecord any such instrument.

(RSMo 1939 3410, A.L. 1951 p. 749, A.L. 1991 S.B. 358)

Prior revisions: 1929 3023; 1919 2182

Effective 6-12-91



Certificate to be endorsed on conveyance.

442.180. Every court or officer taking the proof or acknowledgment of any conveyance or instrument of writing affecting real estate, or the relinquishment of the dower of a married woman, shall grant a certificate thereof, and cause the same to be endorsed on such conveyance or instrument of writing.

(RSMo 1939 3413)

Prior revisions: 1929 3026; 1919 2185; 1909 2796



Certificate, how made.

442.190. Such certificate shall be

(1) When granted by a court, under the seal of the court;

(2) When granted by the clerk of the court, under the hand of the clerk and seal of the court of which he is clerk;

(3) When granted by an officer who has a seal of office, under the hand and official seal of such officer;

(4) When granted by an officer who has no seal of office, under the hand of such officer.

(RSMo 1939 3414)

Prior revisions: 1929 3027; 1919 2186; 1909 2797



Identity of persons making acknowledgments, how ascertained.

442.200. No acknowledgment of any instrument in writing conveying real estate, or whereby any real estate may be affected, shall be taken, unless the persons offering to make such acknowledgment shall be personally known to at least one judge of the court, or to the officer taking the same, to be the person whose name is subscribed to such instrument as a party thereto, or shall be proved to be such by at least two credible witnesses.

(RSMo 1939 3415)

Prior revisions: 1929 3028; 1919 2187; 1909 2798



Certificate of acknowledgment--contents.

442.210. 1. The certificate of acknowledgment shall state the act of acknowledgment, and that the person making the same was personally known to at least one judge of the court, or to the officer granting the certificate, to be the person whose name is subscribed to the instrument as a party thereto, or was proved to be such by at least two witnesses, whose names and places of residence shall be inserted in the certificate; and the following forms of acknowledgment may be used in the case of conveyances or other written instruments affecting real estate; and any acknowledgment so taken and certificate shall be sufficient to satisfy all requirements of law relating to the execution or recording of such instruments (begin in all cases by a caption, specifying the state and place where the acknowledgment is taken):

(1) In case of natural persons acting in their own right

On this ... day of ..., 20.., before me personally appeared A B (or A B and C D), to me known to be the person (or persons) described in and who executed the foregoing instrument, and acknowledged that he (or they) executed the same as his (or their) free act and deed.

(2) In the case of natural persons acting by attorney

On this ... day of ..., 20.., before me personally appeared A B, to me known to be the person who executed the foregoing instrument in behalf of C D, and acknowledged that he executed the same as the free act and deed of C D.

(3) In the case of corporations or joint stock associations

On this ... day of ..., 20.., before me appeared A B, to me personally known, who, being by me duly sworn (or affirmed) did say that he is the president (or other officer or agent of the corporation or association), of (describing the corporation or association), and that the seal affixed to foregoing instrument is the corporate seal of said corporation (or association), and that said instrument was signed and sealed in behalf of said corporation (or association) by authority of its board of directors (or trustees), and said A B acknowledged said instrument to be the free act and deed of said corporation (or association).

2. In case the corporation or association has no corporate seal, omit the words "the seal affixed to said instrument is the corporate seal of said corporation (or association), and that", and add at the end of the affidavit clause the words "and that said corporation (or association) has no corporate seal".

3. (In all cases add signature and title of the officer taking the acknowledgment.)

4. When a married woman unites with her husband in the execution of any such instrument, and acknowledges the same in one of the forms above sanctioned, she shall be described in the acknowledgment as his wife, but in all other respects her acknowledgment shall be taken and certified as if she were sole; and no separate examination of a married woman in respect to the execution of any release or dower, or other instrument affecting real estate, shall be required.

(RSMo 1939 3416)

Prior revisions: 1929 3029; 1919 2188; 1909 2799



Conveyances of bounty lands, how acknowledged.

442.220. Every instrument of writing executed out of this state, and within the United States, which conveys or affects military bounty lands in this state, and which is acknowledged or proved according to the laws and usages of the place where executed, shall be received and recorded in the county where such lands lie.

(RSMo 1939 3441)

Prior revisions: 1929 3054; 1919 2213; 1909 2824



Such instrument valid.

442.230. Every such instrument thus acknowledged or proved shall be as effectual and valid as if such acknowledgment or proof had been made in accordance with the laws of this state.

(RSMo 1939 3442)

Prior revisions: 1929 3055; 1919 2214; 1909 2825



Such instrument, filed for record, to impart notice.

442.240. Every such instrument which has been filed for record or recorded in the proper office, although such filing or recording may not have been in accordance with any law in force, shall hereafter impart the same notice as if the same had been filed or recorded in accordance with law; and all such deeds hereafter filed or recorded shall, from the time of filing or recording the same, impart the same notice as if the same had been acknowledged or proved and filed or recorded in accordance with the laws regulating the acknowledgment or proof of such instruments executed within this state.

(RSMo 1939 3443)

Prior revisions: 1929 3056; 1919 2215; 1909 2826



Copies to be read in evidence.

442.250. Copies of such instruments or of the record of the same, duly certified by the recorder of the county in which the same may have been recorded, shall, upon proof of the loss or destruction of the original instrument, be read in evidence, with like effect and on the same conditions as the original instrument.

(RSMo 1939 3444)

Prior revisions: 1929 3057; 1919 2216; 1909 2827



Proof of execution of instruments.

442.260. The proof of the execution of any instrument in writing, conveying real estate, or whereby any real estate may be affected in law or equity, shall be:

(1) By the testimony of a subscribing witness; or

(2) When all the subscribing witnesses are dead or cannot be had, by evidence of the handwriting of the party, and of at least one subscribing witness, given by at least two credible witnesses to each signature.

(RSMo 1939 3417)

Prior revisions: 1929 3030; 1919 2189; 1909 2800



When proof of subscribing witness shall be taken.

442.270. No proof by a subscribing witness shall be taken, unless such witness shall be personally known to at least one judge of the court, or to the officer taking the proof, to be the person whose name is subscribed to the instrument as a witness thereto or shall be proved to be such by at least two credible witnesses.

(RSMo 1939 3418)

Prior revisions: 1929 3031; 1919 2190; 1909 2801



What subscribing witness shall prove before certificate shall be granted.

442.280. No certificate of such proof shall be granted, unless such subscribing witness shall prove that the person whose name is subscribed thereto as a party is the person who executed the same; that such person executed the instrument, and that such witness subscribed his name as a witness thereof.

(RSMo 1939 3419)

Prior revisions: 1929 3032; 1919 2191; 1909 2802



What facts certificate of proof shall set forth.

442.290. The certificate of such proof shall set forth the following matters:

(1) The fact that such subscribing witness was personally known to at least one judge of the court, or to the officer granting the certificate, to be the person whose name is subscribed to such instrument as a witness thereto or was proved to be such by at least two witnesses, whose names and places of residence shall be inserted in the certificate;

(2) The proof given by such witnesses of the execution of such instrument, and of the facts that the person whose name is subscribed to such instrument as party thereto is the person who executed the same, and that such witness subscribed his name to such instrument as a witness thereof.

(RSMo 1939 3420)

Prior revisions: 1929 3033; 1919 2192; 1909 2803



Proof, when grantor and witnesses are dead.

442.300. No proof, by evidence of the handwriting of the party and of a subscribing witness, shall be taken, unless the court or officer taking the same shall be satisfied that all the subscribing witnesses to such instrument are dead or cannot be had to prove the execution thereof.

(RSMo 1939 3421)

Prior revisions: 1929 3034; 1919 2193; 1909 2804



Certificate of proof, when granted.

442.310. No certificate of any such proof shall be granted, unless at least two credible witnesses shall state, on oath or affirmation, that they personally knew the person whose name is subscribed thereto as a party, well know his signature, stating their means of knowledge, and believe the name of the person subscribed thereto as a party was subscribed by such person; nor unless at least two credible witnesses shall, in like manner, state that they personally knew the person whose name is subscribed in such instrument as a witness, well knew his signature, stating their means of knowledge, and believe the name subscribed thereto as a witness was thereto subscribed by such person.

(RSMo 1939 3422)

Prior revisions: 1929 3035; 1919 2194; 1909 2805



Certificate to recite evidence required by section 442.310.

442.320. The certificate of such proof shall set forth the names of the witnesses examined, and their places of residence, the fact that such witnesses were sworn, and the evidence required by section 442.310 to be by them given.

(RSMo 1939 3423)

Prior revisions: 1929 3036; 1919 2195; 1909 2806



Subscribing witnesses, when and how summoned to prove execution of instrument.

442.330. Upon the application of any grantee in any instrument in writing required to be recorded or of any person claiming under such grantee, verified by the oath of the applicant, that any witness to such instrument residing in the county where such application is made refuses to appear and testify touching the execution thereof, and that such instrument cannot be proved without his evidence, any court or officer authorized to take the acknowledgment or proof of such instrument may issue a subpoena requiring such witness to appear before such court or officer and testify touching the execution thereof.

(RSMo 1939 3424)

Prior revisions: 1929 3037; 1919 2196; 1909 2807



Remedy against persons refusing to appear and answer.

442.340. Every person who, being served with such subpoena, shall, without reasonable cause, refuse or neglect to appear or, appearing, shall refuse to answer, upon oath, touching the matters aforesaid, shall forfeit to the party injured one hundred dollars, to be recovered by civil action, and may also be committed to prison by the officer who issued such subpoena, there to remain without bail until he shall submit to answer, upon oath, as aforesaid.

(RSMo 1939 3425)

Prior revisions: 1929 3038; 1919 2197; 1909 2808



Provisions relating to acknowledgment or proof not to extend to last wills and testaments.

442.350. None of the foregoing provisions in relation to the acknowledgment, proof or recording of instruments in writing, affecting real estate, shall be construed as extending to last wills and testaments.

(RSMo 1939 3440)

Prior revisions: 1929 3053; 1919 2212; 1909 2823



Powers of attorney, how acknowledged and proved.

442.360. Every letter of attorney or other instrument containing a power to convey real estate, as agent or attorney for the owner thereof, or to execute, as agent or attorney for another, any instrument in writing conveying real estate, or whereby real estate may be affected in law or equity, shall be acknowledged or proved, and certified and recorded, as other instruments in writing conveying or affecting real estate are required to be acknowledged or proved and certified and recorded.

(RSMo 1939 3433)

Prior revisions: 1929 3046; 1919 2205; 1909 2816

CROSS REFERENCE:

Letters of attorney other than for the conveyance of real estate--how acknowledged and proved--read in evidence, when, 490.570



When deemed revoked.

442.370. No such letter of attorney, or other instrument, certified and recorded in the manner prescribed in the preceding section, shall be deemed to be revoked by any act of the party by whom it was executed, until the instrument containing such revocation shall be deposited for record in the same office in which the instrument containing the power is recorded.

(RSMo 1939 3434)

Prior revisions: 1929 3047; 1919 2206; 1909 2817



Instruments to be recorded.

442.380. Every instrument in writing that conveys any real estate, or whereby any real estate may be affected, in law or equity, proved or acknowledged and certified in the manner herein prescribed, shall be recorded in the office of the recorder of the county in which such real estate is situated.

(RSMo 1939 3426)

Prior revisions: 1929 3039; 1919 2198; 1909 2809

CROSS REFERENCES:

Deed acknowledged and recorded under former law or copy, admissible in evidence, when, 490.290, 490.300, 490.310

Deed recorded before proof or acknowledgment, admissible in evidence, when, 490.320, 490.330

Idem sonans in names in instruments affecting real estate, rule as to admissibility, 490.450

Index of recorded instruments to be kept, 59.470

Instruments affecting real estate or copy read in evidence, when, 490.410, 490.420

Judgment or decree quieting or passing title to be recorded, 511.320

Recording of instruments in class one counties where recorder is required to maintain offices both at the county seat and another place in the county, 59.163

(2004) Special tax bill and resulting lien authorized by section 88.812 are not subject to recording requirement of section or to "first in time, first in right" rule of perfecting a security interest. Golden Delta Enterprises v. City of Arnold, 151 S.W.3d 119 (Mo.App.E.D.).

(2012) Application of recording statutes and the "first spade rule"for mechanic's liens in section 429.060 provide that a purchase-money deed of trust recorded after the commencement of work on a project is inferior to any mechanic's liens arising on the land from that work. Bob DeGeorge Associates v. Hawthorn Bank, 377 S.W.3d 592 (Mo.banc).



Notice imparted from time of filing for record.

442.390. Every such instrument in writing, certified and recorded in the manner herein prescribed, shall, from time of filing the same with the recorder for record, impart notice to all persons of the contents thereof and all subsequent purchasers and mortgagees shall be deemed, in law and equity, to purchase with notice.

(RSMo 1939 3427)

Prior revisions: 1929 3040; 1919 2199; 1909 2810

CROSS REFERENCE:

Instruments recorded, though not properly certified, to impart notice, when, 490.340

(2004) Special tax bill and resulting lien authorized by section 88.812 are not subject to recording requirement of section or to "first in time, first in right" rule of perfecting a security interest. Golden Delta Enterprises v. City of Arnold, 151 S.W.3d 119 (Mo.App.E.D.).



Not valid until recorded.

442.400. No such instrument in writing shall be valid, except between the parties thereto, and such as have actual notice thereof, until the same shall be deposited with the recorder for record.

(RSMo 1939 3428)

Prior revisions: 1929 3041; 1919 2200; 1909 2811

(2004) Special tax bill and resulting lien authorized by section 88.812 are not subject to recording requirement of section or to "first in time, first in right" rule of perfecting a security interest. Golden Delta Enterprises v. City of Arnold, 151 S.W.3d 119 (Mo.App.E.D.).

(2012) Application of recording statutes and the "first spade rule"for mechanic's liens in section 429.060 provide that a purchase-money deed of trust recorded after the commencement of work on a project is inferior to any mechanic's liens arising on the land from that work. Bob DeGeorge Associates v. Hawthorn Bank, 377 S.W.3d 592 (Mo.banc).



Restrictive covenants relating to discrimination invalid--effect--no liability by existence of covenant in document filed by specific date.

442.403. 1. Any restrictive covenant recitals on property, real or personal, found in any deeds, plats, restrictions, covenants, or other conveyances of any type or nature, filed for record at any time in the office of the recorder of deeds in any county, which relate to the race, color, religion, or national origin of any person, shall be void and unenforceable, and shall be ignored, as if the same never existed.

2. Any person or legal entity with an interest in real property or any agent of such person or entity, shall not incur any liability by reason of the mere existence of a restrictive covenant described in subsection 1 of this section in any document filed for record before May 3, 1948, in any recorder of deeds' office.

(L. 1993 H.B. 741)



Deeds to be recorded, where record lost--fees.

442.410. And in case any person or persons may have any deed or deeds or other instrument of writing, the record of which is lost or destroyed, it shall be the duty of the recorder of deeds, upon the request of such person or persons, to record such deed or deeds or other instrument of writing, together with all certificates and endorsements thereon, or thereto attached, and forming a part thereof; provided, such recorder shall receive the same fees for recording such deed, decree or other instrument of writing as is now provided by law.

(RSMo 1939 1695)

Prior revisions: 1929 1531; 1919 1981; 1909 2545



"Grant, bargain and sell", how construed.

442.420. The words "grant, bargain and sell", in all conveyances in which any estate of inheritance in fee simple is limited, shall, unless restrained by expressed terms contained in such conveyances, be construed to be the following expressed covenants on the part of the grantor, for himself and his heirs to the grantee, his heirs and assigns:

(1) That the grantor was, at the time of the execution of such conveyance, seized of an indefeasible estate, in fee simple, in the real estate thereby granted;

(2) That such real estate was, at the time of the execution of such conveyance, free from encumbrances done or suffered by the grantor or any person under whom he claims;

(3) For further assurances of such real estate to be made by the grantor and his heirs to the grantee and his heirs and assigns; and may be sued upon in the same manner as if such covenants were expressly inserted in the conveyance.

(RSMo 1939 3407)

Prior revisions: 1929 3020; 1919 2180; 1909 2793

(1977) Purchaser at foreclosure sale not entitled to cancellation and refund when he later discovered he had purchased only a life estate. Words "bargain, sell and convey" do not import a covenant of fee simple title. Use of word "heirs" does not create a warranty of fee simple title. Michie v. National Bank of Caruthersville (A.), 558 S.W.2d 270.



Title acquired by grantor after conveyance inures to grantee.

442.430. Where a grantor, by the terms of his deed, undertakes to convey to the grantee an indefeasible estate in fee simple absolute, and shall not, at the time of such conveyance, have the legal title to the estate sought to be conveyed, but shall afterward acquire it, the legal estate subsequently acquired by him shall immediately pass to the grantee; and such conveyance shall be as effective as though such legal estate had been in the grantor at the time of the conveyance.

(RSMo 1939 3497)

Prior revisions: 1929 3107; 1919 2266; 1909 2871

(1959) When person executes two or more mortgages or deeds of trust on the same land, a foreclosure of the senior mortgage will only temporarily extinguish or cut out a junior mortgage, if the mortgagor subsequently acquires title to the land, and the junior mortgage will be revived and reinstated against the land. Sabine v. Leonard (Mo.), 322 S.W.2d 831.



Conveyances to counties for their use--effect.

442.440. All deeds, grants and conveyances made, acknowledged and recorded as other deeds conveying lands, tenements or hereditaments to any county, or the inhabitants of any county, and their successors, or to the governor, or any person, by whatever form of conveyance, for the use and benefit of any county, shall vest in such county, in fee simple, all the right, title, interest and estate which the grantor in such deed had, at the time of the execution thereof, in the lands thereby conveyed.

(RSMo 1939 3505)

Prior revisions: 1929 3115; 1919 2274; 1909 2879

CROSS REFERENCE:

Commissioner to sell county lands--deeds by, 49.280, 49.290



Conveyance to more than one--effect.

442.450. Every interest in real estate granted or devised to two or more persons, other than executors and trustees and husband and wife, shall be a tenancy in common, unless expressly declared, in such grant or devise, to be in joint tenancy.

(RSMo 1939 3504)

Prior revisions: 1929 3114; 1919 2273; 1909 2878



The term "heirs" not necessary to convey a fee simple estate.

442.460. The term "heirs", or other words of inheritance, shall not be necessary to create or convey an estate in fee simple, and every conveyance of real estate shall pass all the estate of the grantor therein, unless the intent to pass a less estate shall expressly appear, or be necessarily implied in the terms of the grant.

(RSMo 1939 3496)

Prior revisions: 1929 3106; 1919 2265; 1909 2870

CROSS REFERENCE:

Devise omitting words "heirs and assigns" creates fee simple, 474.480



Entails not allowed--the remainder in fee simple--to whom it shall pass.

442.470. In cases where, by the common or statute law of England, any person might become seized in fee tail of any lands, by virtue of any devise, gift, grant or other conveyance, or by any other means whatever, such person, instead of being seized thereof in fee tail, shall be deemed and adjudged to be, and shall become, seized thereof for his natural life only; and the remainder shall pass in fee simple absolute to the person to whom the estate tail would, on the death of the first grantee, devisee or donee in tail, first pass according to the course of the common law, by virtue of such devise, gift, grant or conveyance.

(RSMo 1939 3498)

Prior revisions: 1929 3108; 1919 2267; 1909 2872



Remainder to take effect on death of person without heirs--how construed.

442.480. Where a remainder in lands or tenements, goods or chattels, shall be limited, by deed or otherwise, to take effect on the death of any person without heirs, or heirs of his body, or without issue, or on failure of issue, the words "heirs" or "issue" shall be construed to mean heirs or issue living at the death of the person named as ancestor.

(RSMo 1939 3499)

Prior revisions: 1929 3109; 1919 2268; 1909 2873

CROSS REFERENCE:

Adopted child may prevent failure of issue, 453.090



Remainder limited to heirs of a person having a life estate--how disposed of.

442.490. Where a remainder shall be limited to the heirs, or heirs of the body, of a person to whom a life estate in the same premises shall be given, the persons who, on the termination of the life estate, shall be the heir or heirs of the body of such tenant for life shall be entitled to take as purchasers in fee simple, by virtue of the remainder so limited in them.

(RSMo 1939 3500)

Prior revisions: 1929 3110; 1919 2269; 1909 2874

CROSS REFERENCE:

Devise for life and to children in fee after his death creates life estate and remainder in fee simple, 474.470



Lineal and collateral warranties abolished.

442.500. Lineal and collateral warranties, with all their incidents, are abolished; but the heirs and devisees of every person who shall have made any covenant or agreement shall be answerable, upon such covenant or agreement, to the extent of the lands descended or devised to them, in the cases and in the manner prescribed by law; and devisees shall be answerable to the same extent as provided by law in case of heirs.

(RSMo 1939 3501)

Prior revisions: 1929 3111; 1919 2270; 1909 2875



An estate limited in remainder to the son or daughter of any person to be begotten, how disposed of.

442.510. When an estate has been or shall be, by any conveyance, limited in remainder to the son or daughter, or to the use of the son or daughter of any person to be begotten, such son or daughter born after the decease of his or her father shall take the estate in the same manner as if he or she had been born in the lifetime of the father, although no estate shall have been conveyed to support the contingent remainder after his death. And hereafter an estate of freehold or of inheritance may be made to commence in future by deed, in like manner as by will.

(RSMo 1939 3502)

Prior revisions: 1929 3112; 1919 2271; 1909 2876



A future estate, on the death of any person without heirs, how defeated.

442.520. A future estate, depending on the contingency of the death of any person without heirs or issue, or children, shall be defeated by the birth of a posthumous child of such person, capable of taking by descent.

(RSMo 1939 3503)

Prior revisions: 1929 3113; 1919 2272; 1909 2877



Value of life estates--how computed.

442.530. When a party as tenant for life, or by the curtesy, or in dower, is entitled to the annual interest on a sum of money, or is entitled to the use of any estate, or part thereof, and is willing to accept a gross sum in lieu thereof, or the party liable for such interest, or affected by such claim, has the right to pay a gross sum in lieu thereof, or if the court in any legal proceedings adjudge or decree a gross sum to be paid in lieu thereof, the sum shall be estimated according to the then value of an annuity of six percent on the principal sum during the probable life of such person, according to the following table, showing the present value, on the basis of six percent interest, of an annuity of one dollar, according to the Carlisle tables of mortality, payable at the end of every year that a person of a given age may be living for the ages therein stated: TABLE______________________________________________

! !! !

Age ! Present value !! Age ! Present value ______________________________________________

! !! !

0 ! $10.439 !! 52 ! 10.208

1 ! 12.078 !! 53 ! 9.988

2 ! 12.925 !! 54 ! 9.761

3 ! 13.652 !! 55 ! 9.524

4 ! 14.042 !! 56 ! 9.280

5 ! 14.325 !! 57 ! 9.027

6 ! 14.460 !! 58 ! 8.772

7 ! 14.518 !! 59 ! 8.529

8 ! 14.526 !! 60 ! 8.304

9 ! 14.500 !! 61 ! 8.108

10 ! 14.448 !! 62 ! 7.913

11 ! 14.384 !! 63 ! 7.714

12 ! 14.321 !! 64 ! 7.502

13 ! 14.257 !! 65 ! 7.281

14 ! 14.191 !! 66 ! 7.049

15 ! 14.126 !! 67 ! 6.803

16 ! 14.067 !! 68 ! 6.546

17 ! 14.012 !! 69 ! 6.277

18 ! 13.956 !! 70 ! 5.998

19 ! 13.897 !! 71 ! 5.704

20 ! 13.835 !! 72 ! 5.424

21 ! 13.769 !! 73 ! 5.170

22 ! 13.697 !! 74 ! 4.944

23 ! 13.621 !! 75 ! 4.760

24 ! 13.541 !! 76 ! 4.579

25 ! 13.456 !! 77 ! 4.410

26 ! 13.368 !! 78 ! 4.238

27 ! 13.275 !! 79 ! 4.040

28 ! 13.182 !! 80 ! 3.858

29 ! 13.096 !! 81 ! 3.656

30 ! 13.020 !! 82 ! 3.474

31 ! 12.942 !! 83 ! 3.286

32 ! 12.860 !! 84 ! 3.102

33 ! 12.771 !! 85 ! 2.909

34 ! 12.675 !! 86 ! 2.739

35 ! 12.573 !! 87 ! 2.599

36 ! 12.465 !! 88 ! 2.515

37 ! 12.354 !! 89 ! 2.417

38 ! 12.239 !! 90 ! 2.266

39 ! 12.120 !! 91 ! 2.248

40 ! 12.002 !! 92 ! 2.337

41 ! 11.890 !! 93 ! 2.440

42 ! 11.779 !! 94 ! 2.492

43 ! 11.668 !! 95 ! 2.522

44 ! 11.551 !! 96 ! 2.486

45 ! 11.428 !! 97 ! 2.368

46 ! 11.296 !! 98 ! 2.227

47 ! 11.154 !! 99 ! 2.004

48 ! 10.998 !! 100 ! 1.596

49 ! 10.823 !! 101 ! 1.175

50 ! 10.631 !! 102 ! 0.744

51 ! 10.422 !! 103 ! 0.314

_____________________________________

(RSMo 1939 3522)

Prior revisions: 1929 3132; 1919 7547; 1909 8499



Rule of calculation.

442.540. Calculate the interest at six percent upon the sum to the income of which, or upon the value of the property to the use of which, the person is entitled; multiply this interest by the present value of an annuity of one dollar, as set opposite the person's age in the table, and the product will be the gross value of the life estate of such person therein. The age of such person as indicated by the birthday nearest to the time when said computation is made shall be taken to be the age of such person in making said computation.

(RSMo 1939 3523)

Prior revisions: 1929 3133; 1919 7548; 1909 8500



Examples.

442.550. Suppose a person whose age is forty-two is tenant for life in the whole of an estate worth ten thousand five hundred dollars; the annual interest on that sum at six percent is six hundred and thirty dollars. The present value of an annuity of one dollar at the age of forty-two, as appears by the table, is eleven dollars and seventy-seven cents and nine mills, which multiplied by six hundred and thirty dollars, gives seven thousand four hundred and twenty dollars and seventy-seven cents as the gross value of such life estate in the premises, or the proceeds thereof. Again suppose a widow whose age is thirty-six is entitled to dower in real estate worth twelve thousand dollars; interest on four thousand dollars, the third part thereof, for one year, is two hundred and forty dollars, which, multiplied by twelve dollars and forty-six cents and five mills, the present value of annuity of one dollar at the age of thirty-six, as appears by the table, gives two thousand nine hundred and ninety-one dollars and sixty cents, as the gross value of such dower.

(RSMo 1939 3524)

Prior revisions: 1929 3134; 1919 7549; 1909 8501



Rule against perpetuities, application of modified.

442.555. 1. When any limitation or provision violates the rule against perpetuities or a rule or policy corollary thereto and the instrument containing the limitation or provision also contains other limitations or provisions which do not in themselves violate the rule against perpetuities or any such rule or policy, the other limitations or provisions shall be valid and effective in accordance with their terms unless the limitation or provision which violates the rule against perpetuities or such rule or policy is manifestly so essential to the dispositive scheme of the grantor, settlor or testator that it is inferable that he would not wish the limitations or provisions which do not in themselves violate the rule against perpetuities to stand alone. Doubts as to the probable wishes of the grantor, settlor or testator shall be resolved in favor of the validity of limitations and provisions.

2. When any limitation or provision violates the rule against perpetuities or a rule or policy corollary thereto and reformation would more closely approximate the primary purpose or scheme of the grantor, settlor or testator than total invalidity of the limitation or provision, upon the timely filing of a petition in a court of competent jurisdiction, by any party in interest, all parties in interest having been served by process, the limitation or provision shall be reformed, if possible, to the extent necessary to avoid violation of the rule or policy and, as so reformed, shall be valid and effective.

3. This section shall not apply to any limitation or provision as to which the period of the rule against perpetuities has begun to run prior to the first day of November in the year in which this section becomes effective.

(L. 1965 p. 628 1, A.L. 1978 H.B. 1634)

Effective 1-2-79



General power of appointment exercisable at death of donee, perpetuities period to run from death of donee.

442.557. In determining the validity of limitations appointed in the exercise of a general power of appointment exercisable only at the death of the donee of the power by will or other instrument, or of limitations in default of such appointment, the perpetuities period and any similar period shall run from the death of the donee of the power and not from the time of creation of the power.

(L. 1993 S.B. 277)



Transfer fee covenants not to run with title to real property--lien void, when.

442.558. 1. As used in this section, the following terms shall mean:

(1) "Transfer", the sale, gift, conveyance, assignment, inheritance, or other transfer of ownership interest in real property located in this state;

(2) "Transfer fee", a fee or charge payable upon the transfer of an interest in real property, or payable for the right to make or accept such transfer, regardless of whether the fee or charge is a fixed amount or is determined as a percentage of the value of the property, the purchase price, or other consideration given for the transfer. "Transfer fee" shall not include the following:

(a) Any consideration payable by the grantee to the grantor for the interest in real property being transferred;

(b) Any commission payable to a licensed real estate broker for the transfer of real property under an agreement between the broker and the grantor or the grantee;

(c) Any interest, charges, fees, or other amounts payable by a borrower to a lender under a loan secured by a mortgage against real property, including but not limited to any fee payable to the lender for consenting to an assumption of the loan or a transfer of the real property subject to the mortgage, any fees or charges payable to the lender for estoppel letters or certificates, and any other consideration allowed by law and payable to the lender in connection with the loan;

(d) Any rent, reimbursement, charge, fee, or other amount payable by a lessee to a lessor under a lease, including but not limited to any fee payable to the lessor for consenting to an assignment, subletting, encumbrance, or transfer of the lease;

(e) Any consideration payable to the holder of an option to purchase an interest in real property or the holder of a right of first refusal or first offer to purchase an interest in real property for waiving, releasing, or not exercising the option or right upon the transfer of the property to another person;

(f) Any tax, fee, charge, assessment, fine, or other amount payable to or imposed by a governmental authority;

(3) "Transfer fee covenant", a declaration or covenant purporting to affect real property which requires or purports to require the payment of a transfer fee to the declarant or other person specified in the declaration or covenant or to their successors or assigns upon a subsequent transfer of an interest in the real property.

2. A transfer fee covenant recorded in this state on or after September 1, 2008, shall not run with the title to real property and is not binding on or enforceable at law or in equity against any subsequent owner, purchaser, or mortgagee of any interest in real property as an equitable servitude or otherwise. Any lien purporting to secure the payment of a transfer fee under a transfer fee covenant recorded in this state on or after September 1, 2008, is void and unenforceable.

(L. 2008 S.B. 907)



Aliens and corporations of foreign countries may acquire, hold and alienate real estate--exception.

442.560. Except as provided in sections 442.560 to 442.591, persons not citizens of the United States and not residents of the United States or of some territory, trusteeship, or protectorate of the United States, and corporations not created by or under the laws of the United States or of some state, territory, trusteeship, or protectorate of the United States shall be capable of acquiring, by grant, purchase, devise or descent, real estate except agricultural land as defined in section 442.566, or any interest therein, in this state, and of owning, holding, devising, or alienating the same, and shall incur the like duties and liabilities in relation thereto as if they were citizens of the United States and residents of this state. The provisions of sections 442.560 to 442.591 shall not apply to agricultural land located in counties which border the state of Oklahoma which was owned by such a person described in this section prior to January 1, 1995.

(RSMo 1939 15228, A.L. 1965 p. 632, A.L. 1978 S.B. 685, A.L. 1995 H.B. 211)

Prior revisions: 1929 14011; 1919 590; 1909 748

*Transferred 1959; formerly 9.010

CROSS REFERENCE:

Title by descent, alienage not a bar, 474.100



Definitions.

442.566. As used in sections 442.560 to 442.591, unless the context clearly requires otherwise, the following terms mean:

(1) "Agricultural land", any tract of land in this state consisting of more than five acres, whether inside or outside the corporate limits of any municipality, which is capable, without substantial modification to the character of the land, of supporting an agricultural enterprise, including but not limited to land used for the production of agricultural crops or fruit or other horticultural products, or for the raising or feeding of animals for the production of livestock or livestock products, poultry or poultry products, or milk or dairy products. Adjacent parcels of land under the same ownership shall be deemed to be a single tract;

(2) "Alien", any person who is not a citizen of the United States and who is not a resident of the United States or of some state, territory, trusteeship, or protectorate of the United States;

(3) "Director", the director of the Missouri department of agriculture;

(4) "Family members" includes all persons within the ninth degree of consanguinity, or the living or surviving spouse of any person within the ninth degree of consanguinity;

(5) "Foreign business", any business entity whether or not incorporated, including but not limited to corporations, partnerships, limited partnerships, and associations, in which a controlling interest is owned by aliens. In determining ownership of a foreign business, legal fictions such as corporate form or trust shall be disregarded;

(6) "Residence", the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, where he intends to remain permanently or for an indefinite period of time at least.

(L. 1978 S.B. 685 2, A.L. 1993 H.B. 566 merged with S.B. 84)



Aliens, limitations on owning agricultural land--violation--acquisitions submitted to department, when--rulemaking authority.

442.571. 1. Except as provided in sections 442.586 and 442.591, no alien or foreign business shall acquire by grant, purchase, devise, descent or otherwise agricultural land in this state if the total aggregate alien and foreign ownership of agricultural acreage in this state exceeds one percent of the total aggregate agricultural acreage in this state. No such sale, transfer, or acquisition of any agricultural land in this state shall occur unless such sale, transfer, or acquisition is approved by the director of the department of agriculture in accordance with subsection 3 of this section. No person may hold agricultural land as an agent, trustee, or other fiduciary for an alien or foreign business in violation of sections 442.560 to 442.592.

2. Any alien or foreign business who acquires agricultural land in violation of sections 442.560 to 442.592 remains in violation of sections 442.560 to 442.592 for as long as he or she holds an interest in the land.

3. All such proposed acquisitions by grant, purchase, devise, descent, or otherwise of agricultural land in this state shall be submitted to the department of agriculture to determine whether such acquisition of agricultural land is conveyed in accordance with the one percent restriction on the total aggregate alien and foreign ownership of agricultural land in this state. The department shall establish by rule the requirements for submission and approval of requests under this subsection.

4. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2013, shall be invalid and void.

(L. 1978 S.B. 685 3, A.L. 2013 S.B. 9)

*Effective 10-11-13, see 21.250. S.B. 9 was vetoed July 2, 2013. The veto was overridden on September 11, 2013.



Duties of director of agriculture and attorney general--court to order divestiture--when to be accomplished--failure.

442.576. 1. If the director finds that an alien or foreign business or an agent, trustee, or other fiduciary therefor has acquired agricultural land in Missouri in violation of sections 442.560 to 442.592, or the land ceases to be used for nonagricultural purposes under section 442.591, he or she shall report the violation to the attorney general.

2. The attorney general shall institute an action in the circuit court of Cole County or the circuit court in any county in which agricultural land owned by the alien or foreign business, agent, trustee or other fiduciary, alleged to have violated sections 442.560 to 442.592, is located.

3. The attorney general shall file a notice of the pendency of the action with the recorder of deeds of each county in which any portion of such agricultural lands is located. If the court finds that the lands in question have been acquired in violation of sections 442.560 to 442.592, it shall enter an order so declaring and shall file a copy of the order with the recorder of deeds of each county in which any portion of the agricultural lands is located. The court shall order the owner to divest himself of the agricultural land. The owner must comply with the order within two years. The two-year limitation period shall be a covenant running with the title to the land against any alien grantee or assignee. Provided, however, an incorporated foreign business must divest itself of agricultural land within the minimum time required by Article XI, Section 5**, of the Missouri Constitution. Any agricultural lands not divested within the time prescribed shall be ordered sold by the court at a public sale in the manner prescribed by law for the foreclosure of a mortgage on real estate for default in payment.

(L. 1978 S.B. 685 4, A.L. 2013 S.B. 9)

*Effective 10-11-13, see 21.250. S.B. 9 was vetoed July 2, 2013. The veto was overridden on September 11, 2013.

**Article XI, Section 5, was repealed August 2, 1988, HJR 80, Sec. 1.



Lease deemed to be ownership, when.

442.581. Any person who obtains a lease on agricultural land for a term of ten years or longer or a lease renewable at his option for terms which might total ten years has acquired agricultural land within the meaning of sections 442.560 to 442.591.

(L. 1978 S.B. 685 5)



Lands owned by resident aliens--cessation of residence--failure to divest, effect.

442.586. Sections 442.560 to 442.591 shall not apply to agricultural land now owned in this state by aliens or foreign businesses so long as it is held by the present owners or their direct descendants including any trust for the benefit of either and any legal person owned or controlled by either including but not limited to corporations, limited liability corporations, partnerships, and limited liability partnerships, nor to any alien who is or shall take up bona fide residence in the United States; and any alien who is or shall become a bona fide resident of the United States shall have the right to acquire and hold agricultural lands in this state upon the same terms as citizens of the United States during the continuance of such bona fide residence in the United States; except, that if any resident alien shall cease to be a bona fide resident of the United States, such alien shall have two years from the time he ceased to be a bona fide resident in which to divest himself of such agricultural lands. Any agricultural lands not divested within the time prescribed shall be ordered sold by the court at a public sale in the manner prescribed by law for the foreclosure of a mortgage on real estate for default in payment.

(L. 1978 S.B. 685 6, A.L. 1993 H.B. 566 merged with S.B. 84, A.L. 1999 H.B. 708)



Exceptions.

442.591. The restrictions set forth in sections 442.560 to 442.592 shall not apply to agricultural land or any interest therein acquired by an alien or foreign business for immediate or potential use in nonfarming purposes. An alien or foreign business may hold such agricultural land in such acreage as may be necessary to its nonfarm business operation; provided, however, that pending the development of agricultural land for nonfarm purposes, such land may not be used for farming except under lease to a family farm unit; a family farm corporation defined in section 350.010; an alien or foreign business which has filed with the director under sections 442.560 to 442.592; or except when controlled through ownership, options, leaseholds or other agreements by a corporation which has entered into an agreement with the United States of America pursuant to the New Community Act of 1968 (Title IV of the Housing and Urban Development Act of 1969, 42 U.S.C. 3901-3914), as amended, or a subsidiary or assignee of such a corporation.

(L. 1978 S.B. 685 7, A.L. 1979 S.B. 34)



Report required--content--failure to file, civil penalty, venue--foreign person, defined--rules, procedure.

442.592. 1. For the purposes of this section, the term "foreign person" means:

(1) An individual who is not a citizen of the United States and who has not been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act or who has not been made a citizen by an act of Congress;

(2) An entity, other than an individual or a government, that is created or organized under the laws of a nation other than the United States, or that has its principal place of business in a foreign nation;

(3) An entity, other than an individual or a government, that is created or organized under the laws of the United States or of some state, territory, trusteeship or protectorate of the United States and that, as defined in regulations to be prescribed by the director, is substantially controlled by individuals referred to in subdivision (1) of this subsection, entities referred to in subdivision (2) of this subsection, governments of foreign nations, or any combination of such individuals, entities, or governments; and

(4) A government of a foreign nation.

2. Any foreign person who holds any interest (including leaseholds of ten or more years and beneficial interests in the agricultural land under contracts of sale or similar arrangements), other than a security interest, in agricultural land on September 28, 1979, shall submit, or have a designated agent submit, a report to the director of agriculture not later than sixty days after September 28, 1979; provided, however, that no reporting requirement attaches to any holding by an alien or a foreign person or a foreign business of an interest in agricultural land for the extraction, refining, processing or transportation of oil, gas, coal or lignite. Such report shall be submitted in such manner as the director shall prescribe by regulation and shall contain:

(1) The legal name and address of the foreign person;

(2) In any case in which the foreign person is an individual, the citizenship of the foreign person;

(3) In any case in which the foreign person is not an individual or a government:

(a) The nation in which the foreign person is created or organized;

(b) The principal place of business of the foreign person;

(c) The legal name and address of each person who holds a substantial interest (as defined in regulations to be prescribed by the director) in the foreign person and, in any case in which the holder of such an interest is an individual, the citizenship of the holder and, in any case in which the holder of such an interest is not an individual or a government, the nation in which the holder is created or organized and the principal place of business of the holder;

(4) The type of interest in the agricultural land that is held by the foreign person;

(5) A legal description of the agricultural land, including the county in which the land is located and the total acreage involved;

(6) The date of acquisition of the interest and the purchase price paid for, or any other consideration given for, the interest;

(7) A declaration of the type of agricultural activity engaged in by the reporting foreign person;

(8) In the case where any foreign person holds an interest in agricultural land for the purposes outlined in section 442.591, a declaration of intent as to the intended use of the land.

3. No rule or portion of a rule promulgated under the authority of sections 442.560 to 442.591 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

4. Any foreign person who acquires or transfers any interest (including leaseholds of ten years or more and beneficial interests in the agricultural land under contracts of sale or similar arrangements), other than a security interest, in agricultural land shall submit, or have a designated agent submit, a report to the director not later than thirty days after the date of such acquisition or transfer; provided, however, that no reporting requirement attaches to an acquisition or transfer by an alien or a foreign person or a foreign business of an interest in agricultural land for the extraction, refining, processing, or transportation of oil, gas, coal or lignite. Such report shall be submitted in such manner as the director shall prescribe by regulation and shall contain:

(1) The legal name and address of the foreign person;

(2) In any case in which the foreign person is an individual, the citizenship of the foreign person;

(3) In any case in which the foreign person is not an individual or a government:

(a) The nation in which the foreign person is created or organized;

(b) The principal place of business of the foreign person;

(c) The legal name and address of each person who holds a substantial interest (as defined in regulations to be prescribed by the director) in the foreign person and, in any case in which the holder of such an interest is an individual, the citizenship of the holder and, in any case in which the holder of such an interest is not an individual or a government, the nation in which the holder is created or organized and the principal place of business of the holder;

(4) The type of interest in the agricultural land that is acquired or transferred by the foreign person;

(5) A legal description of the agricultural land including the county in which the land is located and the total acreage involved;

(6) The purchase price paid or received for, or any other consideration given or received for, the interest;

(7) In any case in which the foreign person transfers the interest, the legal name and the address of the person to whom the interest is transferred, and

(a) In any case in which the transferee is an individual, the citizenship of the transferee; and

(b) In any case in which the transferee is not an individual or a government, the nation in which the transferee is created or organized and the principal place of business of the transferee;

(8) A declaration of the type of agricultural activity engaged in by the reporting foreign person;

(9) In the case where any foreign person acquires an interest in agricultural land for the purposes outlined in section 442.591, a declaration of intent as to the intended use of the land.

5. The director may promulgate rules and regulations pertaining to the form and content of reports required by this section; the procedures for filing such reports; and the analysis and distribution of findings and determinations based on the reports required by this section.

6. (1) The director shall:

(a) Analyze the information obtained under this section and determine the effects of foreign persons acquiring, transferring and holding agricultural land, particularly the effects of such acquisitions, transfers and holdings on family farms and rural communities; and

(b) Transmit to the governor and each house of the general assembly a report on the director's findings and conclusions regarding each analysis and determination made under paragraph (a) above;

(2) An analysis and determination shall be made, and a report on the director's findings and conclusions regarding such analysis and determination transmitted:

(a) With respect to information obtained by the director under this section during the six-month period following September 28, 1979, within nine months after such date;

(b) With respect to information obtained by the director under this section during the twelve-month period following September 28, 1979, within fifteen months after such date; and

(c) With respect to each calendar year following the twelve-month period referred to in paragraph (b), within ninety days after the end of such calendar year.

7. Any foreign person who fails to file a report required under the provisions of this section is liable to the state in civil penalty. The civil penalty shall be determined by the circuit court in an amount not to exceed twenty-five percent of the fair market value of the interest in agricultural land with respect to which the violations occurred on the date of the assessment of the penalty. The attorney general shall recover the amount of any civil penalty assessed in a civil action in the circuit court in the county in which any part of the land involved is located.

(L. 1979 S.B. 34, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)



Psychologically impacted real property, defined--disclosure to buyer not mandatory--no cause of action for failure to disclose.

442.600. 1. The fact that a parcel of real property, or any building or structure thereon, may be a psychologically impacted real property, or may be in close proximity to a psychologically impacted real property shall not be a material or substantial fact that is required to be disclosed in a sale, exchange or other transfer of real estate.

2. "Psychologically impacted real property" is defined to include:

(1) Real property in which an occupant is, or was at any time, infected with human immunodeficiency virus or diagnosed with acquired immune deficiency syndrome, or with any other disease which has been determined by medical evidence to be highly unlikely to be transmitted through the occupancy of a dwelling place; or

(2) Real property which was the site of a homicide or other felony, or of a suicide.

3. No cause of action shall arise nor may any action be brought against any real estate agent or broker for the failure to disclose to a buyer or other transferee of real estate that the transferred real property was a psychologically impacted real property.

(L. 1991 S.B. 138 10)



Methamphetamine production, seller of property to disclose to buyer such production and certain criminal convictions.

442.606. 1. In the event that any parcel of real property to be sold, exchanged or transferred is or was used as a site for methamphetamine production, the seller or transferor shall disclose in writing to the buyer or transferee the fact that methamphetamine was produced on the premises, provided that the seller or transferor had knowledge of such prior methamphetamine production. The seller or transferor shall disclose any prior knowledge of methamphetamine production, regardless of whether the persons involved in the production were convicted for such production.

2. A seller or transferor of any parcel of real property shall disclose in writing the fact that any premises to be sold or transferred either was the place of residence of a person convicted of any of the following crimes, or was the storage site or laboratory for any of the substances for which a person was convicted of any of the following crimes, provided that the seller or transferor knew or should have known of such convictions:

(1) Creation of a controlled substance in violation of section 195.420;

(2) Possession of ephedrine with intent to manufacture methamphetamine in violation of section 195.246;

(3) Unlawful use of drug paraphernalia with the intent to manufacture methamphetamine in violation of subsection 2 of section 195.233;

(4) Endangering the welfare of a child by any of the means described in subdivision (4) or (5) of subsection 1 of section 568.045; or

(5) Any other crime related to methamphetamine, its salts, optical isomers and salts of its optical isomers either in chapter 195, or in any other provision of law.

(L. 2001 S.B. 89 & 37)

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