Title XXIX, OWNERSHIP AND CONVEYANCE OF PROPERTY

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. 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. 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. What facts certificate of proof shall set forth. — 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 t…

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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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 …

442.410. Deeds to be recorded, where record lost — fees. — 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 pers…

442.420. "Grant, bargain and sell", how construed. — 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 ex…

442.430. Title acquired by grantor after conveyance inures to grantee. — 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…

442.440. Conveyances to counties for their use — effect. — 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 an…

442.450. Conveyance to more than one — effect. — 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 tenan…

442.460. The term "heirs" not necessary to convey a fee simple estate. — 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, unle…

442.470. Entails not allowed — the remainder in fee simple — to whom it shall pass. — 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 …

442.480. Remainder to take effect on death of person without heirs — how construed. — 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 issu…

442.490. Remainder limited to heirs of a person having a life estate — how disposed of. — 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 …

442.500. Lineal and collateral warranties abolished. — 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 …

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

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

442.530. Value of life estates — how computed. — 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, …

442.540. Rule of calculation. — 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 p…

442.550. Examples. — 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 th…

442.555. Rule against perpetuities, application of modified. — 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 …

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

442.558. Transfer fee covenants not to run with title to real property — lien void, when. — 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 lo…

442.560. Aliens and corporations of foreign countries may acquire, hold and alienate real estate — exception. — 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, o…

442.566. Definitions. — 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 …

442.571. Aliens or foreign business, limitations on owning agricultural land — violation — acquisitions submitted to department, when — rulemaking authority. — 1. Except as provided in sections 442.586 and 442.591, no alien or foreign business shall acquire by grant, purchase, de…

442.581. Lease deemed to be ownership, when. — 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 4…

442.586. Lands owned by resident aliens — cessation of residence — failure to divest, effect. — 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 des…

442.591. Exceptions. — 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…

442.592. Report required — content — failure to file, civil penalty, venue — foreign person, defined — rules, procedure. — 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 lawful…

442.600. Psychologically impacted real property, defined — disclosure to buyer not mandatory — no cause of action for failure to disclose. — 1. The fact that a parcel of real property, or any building or structure thereon, may be a psychologically impacted real property, or may b…

442.606. Methamphetamine production, seller of property to disclose to buyer such production and certain criminal convictions. — 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 sell…

442.920. Citation of law — definitions — sale leaseback transactions, disclosure form, requirements. — 1. This section shall be known and may be cited as the "Missouri Residential Sale Leaseback Protection Act". 2. For purposes of this section, the following terms mean: (1) "Buye…

443.005. Security instrument defined. — "Security instrument", as that term is used in this chapter, shall mean any mortgage, deed of trust or other real property security instrument securing the payment or satisfaction of any debt or other obligation. ­­-------- (L. 1993 H.B. 10…