Asking a court to declare who owns what

The main tool is a “quiet title” lawsuit. It asks the court to decide who owns the property and who has any rights in it. Anyone who claims an interest in Missouri land can bring one.

The court can settle every related claim in the same case, including liens and use rights. A lien is a legal claim against the property for money owed. Once the court rules, the decision can be recorded with the county. A title company can then insure the property.

Most fights over property lines, easements and long-term use end up decided this way.

Property line fights

These usually start with a fence, a driveway or a new survey. Two things decide them. The first is the recorded deeds and surveys. The second is how each owner actually used the strip of land over the years.

This ten-year rule is the basis for “adverse possession.” That means someone can gain ownership of land by openly using it as their own for at least ten years. Whether a use counts depends on the facts.

Easements: the right to use someone else’s land

An easement is a right to use part of someone else’s land for a set purpose. Common examples are a shared driveway, a utility line or a path to a road.

Fights start when a new owner blocks the path, when the use grows, or when no one can find the paper that created the right. A court can decide whether an easement exists and how far it goes. If someone is blocking it now, you can also ask for a fast court order. See injunctions.

If someone goes onto your land without permission, that is trespass. You generally have five years to sue over it.

When a seller will not close

Every piece of land is one of a kind. So if a seller backs out, a court can order the sale to go through. You do not have to settle for money.

The deal must be in writing and signed by the seller. If an agent signed for the seller, the agent’s power to sign must also have been in writing. For money damages instead, see breach of contract.

Splitting property you own with others

This comes up when siblings inherit a house together, or when a couple who bought together splits up. Any co-owner can ask the court for “partition.” That means dividing the property.

If the land can be split fairly, the court divides it. If not, it orders a sale and splits the money by each owner’s share. The court often also sorts out who paid the mortgage, taxes and repairs.

Contractor liens: two six-month deadlines

A contractor or supplier who is not paid for work on a property can file a lien against it. This is called a mechanic’s lien. The deadlines are short:

• The contractor must file the lien within six months after the money became due.
• The contractor must then sue to enforce it within six months after filing. If not, the lien ends.

If you own the property, check these dates first. A lien that misses either one can be removed from your title.

What to gather

• your deed and any title insurance papers;
• surveys, old and new, and photos that show how the land was used over time;
• the purchase contract and closing emails, if a sale is involved;
• lien papers, bills and lien waivers, if it is a construction dispute.

Buying or selling commercial property? See commercial real estate transactions. Having a problem with a landlord or tenant? See landlord-tenant disputes.

Common questions

Related reading

• Civil litigation overview
• Landlord-tenant disputes
• Commercial real estate transactions
• Injunctions and restraining orders