Missouri Complaint to Quiet Title by Person Claiming Adverse Possession - Squatters Rights

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US-00938BG
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Title to land can be acquired by holding it adversely to the true owner for a certain period of time. In such a case, the person in possession gains title by adverse possession. The person in possession automatically becomes the owner of the property even though the person had no lawful claim to the land. In order to acquire title in this manner, possession must be actual, visible, exclusive, and continuous for a certain period of time.


This form is a generic example of a complaint to quiet title by a person claiming adverse possession. This form may be referred to when preparing such a pleading for your particular state, although such a complaint must be tailored to the law of the state where the action is to be filed.

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FAQ

Adverse possession is one possible theory of ownership that might be asserted within a quiet title action. Adverse possession is one of the only ways to obtain ownership of property other than deed or inheritance.

How Do You File a Quiet Title Lawsuit in Missouri? Section 527.150 of the Missouri Revised Statutes provides the statutory authority to file a quiet title suit. This process requires that the individual or entity filing the lawsuit file a petition with the circuit court of the county where the property is located.

Though it is not frequently an issue, there is a limitations period to bring such a claim. Specifically, there is a ten (10) year statute of limitations contained in Section 516.010, RSMo to bring a quiet title action.

The squatter must show proof that they have lived on the property for at least 10 years. Different states have different requirements in this regard for adverse possession. In Missouri, squatters are required to have lived on the land they are claiming for at least 10 years to be the true owner.

Adverse possession is a doctrine under which a person in possession of land owned by someone else may acquire valid title to it, so long as certain requirements are met, and the adverse possessor is in possession for a sufficient period of time, as defined by a statute of limitations.

One who seeks to assert title in land by adverse possession must prove each of the following for a period of more than ten years: that he has held the land adversely and that the possession has been actual, open and notorious, exclusive, continuous, and under a claim of title or color of title.

(9) An election to take title to such abandoned land, buildings, real estate, or real property shall be made in writing, be notarized, and shall be submitted to the recorder of deeds, along with any fees for recording and with a one hundred dollar fee for any person or entity taking ownership, title, interest, claim, ...

The purpose of a quiet title is to help establish a clear claim to the property, protecting the owner against adverse or fraudulent claims. The plaintiff may ask the court to rule that his or her title to the property is superior to the interest of the defendant.

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Missouri Complaint to Quiet Title by Person Claiming Adverse Possession - Squatters Rights