Quick reference

Where the answers live

• • Your deed and the chain of title at the county Recorder are the record; the Recorder stores it but doesn't judge who owns what.
• • The Assessor handles tax and value — not title.
• • A survey LOCATES the record line; it doesn't, by itself, settle a disputed boundary.
• • Read the statute itself at the Revisor — and for your situation, ask a surveyor, a title company, or a Missouri attorney.

Deeds & title

• • Recording gives NOTICE and protects PRIORITY — it does not cure a forged or defective deed.
• • Owner's title insurance and lender's title insurance are two separate policies; one doesn't cover the other.
• • Missouri does NOT require one universal seller property-condition disclosure form — protect yourself with inspections, title work, a survey, and written terms.

Boundaries

• • Adverse possession needs ALL the elements plus 10 years, and ordinarily a court judgment or recorded resolution.
• • An old fence is EVIDENCE of a boundary — age alone does not move the legal line.
• • If a fence, shed, or driveway looks wrong, don't move, rebuild, or concede it before a surveyor and an attorney review the facts.

Minerals

• • The surface and the minerals beneath it can be owned by two different people (a split estate), rooted in common law.
• • To learn who owns the minerals, ask for a mineral-specific title search — a normal title commitment often just sets minerals aside.
• • Don't assume the mineral owner is categorically 'dominant' — surface-use rights depend on the documents.

Water

• • Surface water along a stream or lake follows riparian (reasonable-use) rights; groundwater follows reasonable-use principles too — don't call groundwater 'riparian.'
• • At the capacity to withdraw 100,000 gallons a day you're a Major Water User and must register and report — that's not a withdrawal permit.
• • Wells (a landowner may self-install on their own land, but DNR rules still apply) and ponds aren't rule-free — check before you dig.

Zoning

• • Zoning is local and often absent — many rural Missouri counties have never adopted it.
• • 'No zoning' does NOT mean 'no rules': septic, well, floodplain, subdivision, road-entrance, codes, nuisance, and covenants can still apply.
• • Covenants, deed restrictions, and HOAs are enforceable — read them BEFORE you buy.

Easements & access

• • Many easements run with the land, but some are personal, temporary, or can be terminated — don't assume every one runs forever.
• • Confirm RECORDED legal access before you buy, not just a track someone's been using.
• • A landlocked owner petitions the CIRCUIT COURT for a road of strict necessity — relief is not automatic, and you don't just 'petition the county.'

Fences

• • Missouri has two fence systems — general law and local-option — so step one is finding out which one your county uses.
• • The 'right-hand rule' applies only in particular general-law division-fence situations, not every disagreement.
• • Fence viewers inspect and RECOMMEND — the judge issues the actual remedy.

Trespass

• • Purple paint, posted to spec, legally means 'no trespassing' — if you're out and see purple marks, stay out.
• • The Recreational Use Act is NOT blanket immunity; the 'residential area' exception is defined to include any land used for farming or agricultural purposes.
• • Before you open your land, lease hunting rights, or rely on a waiver, have a Missouri attorney and your insurer review it.

Farm

• • Right to Farm is constitutional WEIGHT — it does NOT automatically override zoning, health, environmental, nuisance, or permitting rules.
• • Foreign-ownership rules are changing fast — don't trust a fixed country list or an old percentage; check the Missouri Department of Agriculture.
• • Ag-tax assessment depends on actual use and the rules — owning acreage doesn't make it automatic.

Eminent domain

• • A taking needs public use and just compensation; farmland can't be declared 'blighted.'
• • Expect at least 60 days' written notice before filing — and don't assume the authority pays for your appraisal or attorney fees.
• • Compensation uses the HIGHEST applicable measure (fair market value, the homestead measure, or the heritage measure) — they are NOT stacked. Call an eminent-domain attorney fast.

Caves

• • Missouri is the Cave State — owning a cave entrance doesn't automatically let you travel under a neighbor's land.
• • NEVER dump anything into a sinkhole — it flows straight to the groundwater wells and springs draw from.
• • Cave law is RSMo 569.135 (moved here in 2014 from 578.210, so older sources cite 'Chapter 578').

Passing it on

• • A beneficiary (transfer-on-death) deed passes real estate OUTSIDE probate — and it must be recorded BEFORE death.
• • It does NOT erase mortgages, liens, unpaid taxes, or creditor claims, and it does NOT replace a real estate plan.
• • How a property is currently held (joint tenancy, tenancy by the entirety) can already control what happens at death.