8 chapters · 548 sections in this title.
§ 442.010 RSMo Definitions
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442.010. Definitions. — 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 eighte…
§ 442.012 RSMo Solar energy is a property right — eminent domain not permitted — easement
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442.012. Solar energy is a property right — eminent domain not permitted — easement requirements. — 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…
§ 442.014 RSMo Private landowner protection act — definitions — conservation easement
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442.014. Private landowner protection act — definitions — conservation easement permitted, when, validity — applicability. — 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, …
§ 442.015 RSMo Conveyance or encumbrance of manufactured homes, requirements — affidavit
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442.015. Conveyance or encumbrance of manufactured homes, requirements — affidavit of affixation — deemed real estate, when — detachment or severance from real estate, effect of. — 1. For the purposes of this section, "manufactured home" means a manufactured home as defined in se…
§ 442.020 RSMo Conveyances of lands
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442.020. Conveyances of lands. — 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 cer…
§ 442.025 RSMo Conveyance to self and others to create joint estate
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442.025. Conveyance to self and others to create joint estate. — 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…
§ 442.030 RSMo Conveyance of property of spouse — covenants
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442.030. Conveyance of property of spouse — covenants. — 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 entire…
§ 442.035 RSMo Conveyance of estates by the entireties by minors or disabled persons,
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442.035. Conveyance of estates by the entireties by minors or disabled persons, conservator's powers and duties. — 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 crea…
§ 442.040 RSMo Person under eighteen years of age may join in conveyance with adult spouse
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442.040. Person under eighteen years of age may join in conveyance with adult spouse. — 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, …
§ 442.055 RSMo Contamination of premises, radioactive or hazardous material — disclosure
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442.055. Contamination of premises, radioactive or hazardous material — disclosure to prospective lessees, purchasers, or transferees — penalty. — In the event that any premises to be rented, leased, sold, transferred, or conveyed is or was previously contaminated with radioactiv…
§ 442.060 RSMo Private or public corporations may convey real estate
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442.060. Private or public corporations may convey real estate. — 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 mem…
§ 442.070 RSMo Person may convey, notwithstanding adverse possession
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442.070. Person may convey, notwithstanding adverse possession. — 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 pos…
§ 442.080 RSMo Conveyances by persons under eighteen years of age binding, when
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442.080. Conveyances by persons under eighteen years of age binding, when. — 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 eig…
§ 442.090 RSMo Conveyances by minor veterans valid when necessary to obtain advantage of
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442.090. Conveyances by minor veterans valid when necessary to obtain advantage of federal law. — 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 mili…
§ 442.095 RSMo Sections 442.090 to 442.120 applicable to whom
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442.095. Sections 442.090 to 442.120 applicable to whom. — 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 Servicem…
§ 442.100 RSMo Disability of minority removed to enable veterans to acquire or convey
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442.100. Disability of minority removed to enable veterans to acquire or convey property. — 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 …
§ 442.110 RSMo Honorable discharge of veteran, evidence necessary
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442.110. Honorable discharge of veteran, evidence necessary. — 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 …
§ 442.120 RSMo Loans to underage servicemen authorized
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442.120. Loans to underage servicemen authorized. — 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 guarant…
§ 442.130 RSMo Execution of deeds and other conveyances — marital status of grantor
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*442.130. Execution of deeds and other conveyances — marital status of grantor required on written instruments. — 1. 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 shal…
§ 442.135 RSMo Descriptions of subdivided property, contents
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442.135. Descriptions of subdivided property, contents. — 1. If a property is subdivided and a new property description is created, such property description shall include the name, and professional license number, if applicable, of the person that created the property descriptio…
§ 442.140 RSMo Execution of deeds in foreign language — translation — recording
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442.140. Execution of deeds in foreign language — translation — recording. — 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 o…
§ 442.145 RSMo Personal appearance, acknowledgement by communication technology
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442.145. Personal appearance, acknowledgement by communication technology. — 1. For the purposes of sections 442.150 to 442.360, a person may personally appear before the officer taking the acknowledgment by: (1) Being in the same physical location as another person and close eno…
§ 442.150 RSMo Proof or acknowledgment, by whom taken
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442.150. Proof or acknowledgment, by whom taken. — 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 acknowledge…
§ 442.155 RSMo Acknowledgment of instruments not affecting lands — certificate — curative
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442.155. Acknowledgment of instruments not affecting lands — certificate — curative provision. — 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 a…
§ 442.160 RSMo Acknowledgments of instruments by persons in military service — form —
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442.160. Acknowledgments of instruments by persons in military service — form — instruments previously acknowledged validated, when. — 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…
§ 442.180 RSMo Certificate to be endorsed on conveyance
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442.180. Certificate to be endorsed on conveyance. — 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…
§ 442.190 RSMo Certificate, how made
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442.190. Certificate, how made. — 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 …
§ 442.200 RSMo Identity of persons making acknowledgments, how ascertained
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442.200. Identity of persons making acknowledgments, how ascertained. — 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 kn…
§ 442.210 RSMo Certificate of acknowledgment — contents
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442.210. Certificate of acknowledgment — contents. — 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 pers…
§ 442.220 RSMo Conveyances of bounty lands, how acknowledged
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442.220. Conveyances of bounty lands, how acknowledged. — 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 th…
§ 442.230 RSMo Such instrument valid
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442.230. Such instrument valid. — 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;…
§ 442.240 RSMo Such instrument, filed for record, to impart notice
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442.240. Such instrument, filed for record, to impart notice. — 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 …
§ 442.250 RSMo Copies to be read in evidence
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442.250. Copies to be read in evidence. — 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, …
§ 442.260 RSMo Proof of execution of instruments
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442.260. Proof of execution of instruments. — 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 witn…
§ 442.270 RSMo When proof of subscribing witness shall be taken
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442.270. When proof of subscribing witness shall be taken. — 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 in…
§ 442.280 RSMo What subscribing witness shall prove before certificate shall be granted
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442.280. What subscribing witness shall prove before certificate shall be granted. — 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 su…
§ 442.290 RSMo What facts certificate of proof shall set forth
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[Repealed or reserved.]
§ 442.300 RSMo Proof, when grantor and witnesses are dead
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442.300. Proof, when grantor and witnesses are dead. — 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…
§ 442.310 RSMo Certificate of proof, when granted
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442.310. Certificate of proof, when granted. — 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,…
§ 442.320 RSMo Certificate to recite evidence required by section 442.310
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442.320. Certificate to recite evidence required by section 442.310. — 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 …
§ 442.330 RSMo Subscribing witnesses, when and how summoned to prove execution of instrument
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442.330. Subscribing witnesses, when and how summoned to prove execution of instrument. — 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…
§ 442.340 RSMo Remedy against persons refusing to appear and answer
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442.340. Remedy against persons refusing to appear and answer. — 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 …
§ 442.350 RSMo Provisions relating to acknowledgment or proof not to extend to last wills
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442.350. Provisions relating to acknowledgment or proof not to extend to last wills and testaments. — 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 w…
§ 442.360 RSMo Powers of attorney, how acknowledged and proved
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442.360. Powers of attorney, how acknowledged and proved. — 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…
§ 442.370 RSMo When deemed revoked
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442.370. When deemed revoked. — 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 revocatio…
§ 442.380 RSMo Instruments to be recorded
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442.380. Instruments to be recorded. — 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 …
§ 442.390 RSMo Notice imparted from time of filing for record
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442.390. Notice imparted from time of filing for record. — 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 subs…
§ 442.400 RSMo Not valid until recorded
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442.400. Not valid until recorded. — 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 § 304…
§ 442.403 RSMo Restrictive covenants relating to discrimination invalid — effect — no
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442.403. Restrictive covenants relating to discrimination invalid — effect — no liability by existence of covenant in document filed by specific date — refusal to record, when — certificate of release of prohibited covenants. — 1. Any restrictive covenant recitals on property, re…
§ 442.404 RSMo Political signs, homeowners' associations not to prohibit — reasonable
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442.404. Political signs, homeowners' associations not to prohibit — reasonable restrictions and removal permitted, when — solar panels and sale signs not to be prohibited or restricted, exceptions — owning or pasturing chickens. — 1. As used in this section, the following terms …