Title XXXVI — STATUTORY ACTIONS AND TORTS

527.010. Scope. — The circuit courts of this state, within their respective jurisdictions shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground t…

527.020. Power to construe. — Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any ques…

527.030. Before breach. — A contract may be construed either before or after there has been a breach thereof. ­­-------- (RSMo 1939 § 1128)

527.040. Declaration of rights or legal relationships, right to obtain, when. — Any person interested as or through a personal representative, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trus…

527.050. Enumeration not exclusive. — The enumeration in sections 527.020 to 527.040, does not limit or restrict the exercise of the general powers conferred in section 527.010, in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the…

527.060. Discretionary. — The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding. ­­-------- (RSMo 1939 § 1131)

527.070. Review. — All orders, judgments and decrees under sections 527.010 to 527.130 may be reviewed as other orders, judgments and decrees. ­­-------- (RSMo 1939 § 1132)

527.080. Supplemental relief. — Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the cou…

527.090. Jury trial. — When a proceeding under sections 527.010 to 527.130 involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceed…

527.100. Costs. — In any proceeding under sections 527.010 to 527.130 the court may make such award of costs as may seem equitable and just. ­­-------- (RSMo 1939 § 1135)

527.110. Parties. — When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceedings. In any proceeding which inv…

527.120. Construction. — This law is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations; and is to be liberally construed and administered. ­­-------- (RSMo 1939 § 1137)

527.130. "Person" defined. — The word "person", wherever used in sections 527.010 to 527.130, shall be construed to mean any person, including a minor represented by next friend or guardian ad litem and any other person under disability lawfully represented, partnership, joint-st…

527.150. Suits to determine interest and quiet title, how instituted — effect of judgment. — 1. Any person claiming any title, estate or interest in real property, whether the same be legal or equitable, certain or contingent, present or in reversion, or remainder, whether in pos…

527.160. Practice to conform to code of civil procedure. — The institution, prosecution, trial and determination of suits under section 527.150 shall conform in all respects to the provisions of the code of civil procedure now existing and be in force in this state concerning act…

527.170. Costs in suits to determine interest and quiet title. — If the defendant or defendants in suits brought under the provisions of sections 527.150 and 527.160 shall make default, or appearing, shall by answer admit the fact as stated in the petition and consent to judgment…

527.180. Suit to perfect title by limitation — proceedings. — In all cases when, under the provisions of section 516.070, the title or claim of any person out of possession of any real estate shall be barred by limitation, and the title thereto has vested in the party in possessi…

527.188. Petition for vacation of abandoned easement. — A property owner of land burdened by an easement created after December 31, 2006, abandoned in whole for a period in excess of ten years, may petition a court of competent jurisdiction to obtain the rights previously transfe…

527.190. Proceedings to establish title when records, deeds are lost or destroyed. — 1. Any person or persons claiming an estate or interest in any lands or real estate in this state, and whose deeds, mortgages, or other written evidence of title or interest, or the record thereo…

527.200. Publication of notice — proceedings. — On the filing of said petition with the clerk of said court, it shall be the duty of said clerk to cause a notice to be published in some public newspaper published in the county where the cause is pending, and if there be no newspa…

527.210. Decree conclusive as to whom — prima facie as to whom. — Any person who may claim an interest or estate in said lands adverse to that alleged in the said petition or petitions may appear and answer said petition, and resist the claims of said petitioner or petitioners in…

527.220. Limitation — court may modify its decree, when. — Any person claiming any estate or interest in such lands adverse to the terms of the decree, who has not been personally served with notice, as is provided in section 527.200, or who has not entered his appearance in the …

527.230. Copy to be recorded, where — may be read in evidence. — A certified copy of any decree entered in pursuance of sections 527.190 to 527.250 shall be recorded in the office of the recorder or register of deeds of the said county where the lands are situate, and a certified…

527.240. Proceedings to conform to the rules in civil practice. — All proceedings had under sections 527.190 to 527.250, inclusive, shall conform, when not otherwise expressly provided, as near as may be to the rules and practice in civil cases. ­­-------- (RSMo 1939 § 1694) Prio…

527.250. Form of publication notice. — In all actions instituted under any of the provisions of sections 527.150 to 527.250, where it is desired or shall be necessary to notify any defendant by publication of the commencement or pendency of such action, such order of publication,…

527.260. Notice of lis pendens in equity action — recording. — In any civil action, based on any equitable right, claim or lien, affecting or designed to affect real estate, the plaintiff shall file for record, with the recorder of deeds of the county in which any such real estat…

527.270. Petition, where presented — contents — proceedings. — Hereafter every person desiring to change his or her name may present a petition to that effect, verified by affidavit, to the circuit court in the county of the petitioner's residence, which petition shall set forth …

527.280. Fees to be paid by petitioner. — The fees for proceedings under sections 527.270 to 527.290 shall be the same as are now or may hereafter be allowed in similar cases in said court, to be paid by the petitioner. ­­-------- (RSMo 1939 § 1707) Prior revisions: 1929 § 1543; …

527.290. Notice of change to be given, when and how — not required, when. — 1. Public notice of such a change of name shall be given at least three times in a newspaper published in the county where such person is residing, within twenty days after the order of court is made, and…