Missouri: First Step to Determine Who Legally Owns Part of Your Family Land | Missouri Estate Planning | FastCounsel
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Missouri: First Step to Determine Who Legally Owns Part of Your Family Land

How to start determining legal ownership of a portion of family land under Missouri law

Short answer: The first step is to find and review the recorded deed(s) and the property’s legal description at the county Recorder of Deeds (or Assessor) where the land is located. That initial records search will show the recorded chain of title, parcel ID, and many clues about current ownership.

Detailed answer — step-by-step approach

Ownership of land in Missouri is usually established by the chain of recorded deeds and related records. Start with public records and basic documents before moving to surveys or court actions.

1. Identify the correct county and parcel

Property records are kept at the county level. If you do not know the county, check family documents (old tax bills, a mortgage, or the deed). The county assessor or the county Recorder of Deeds can help locate a parcel by street address or owner name.

2. Pull the recorded deed(s) and the legal description

Ask the county Recorder of Deeds for copies of the deed(s) that show how the land passed to your grandfather and what legal description was used. The deed’s legal description (metes and bounds, lot and block, or a recorded plat reference) defines the precise portion of land.

Missouri law requires that conveyances be recorded to give notice to others. You can review recording requirements and procedures at the Missouri Revisor of Statutes (see Chapter 59): RSMo Chapter 59 — Recording and Filing of Instruments.

3. Trace the chain of title

Work backward and forward through recorded deeds to assemble a chain of title: who owned it before your grandfather, how he acquired it (deed, inheritance), and whether the property was subdivided or part of a larger tract. Note any deeds that split parcels, quitclaim deeds, or boundary line agreements.

4. Check property tax and plat records

The county assessor’s office maintains parcel numbers, tax maps, and sometimes plat maps. These records can show how the county currently treats the parcel boundaries and who pays taxes.

5. Look for surveys, plats, and easements

A certified boundary survey or a recorded plat will show recorded lot lines and dimensions. Also search for recorded easements, rights-of-way, and restrictive covenants that may affect ownership claims.

6. Consider title searches and title companies

A professional title search through a title company or an attorney will assemble the chain of title, note liens, encumbrances, and unresolved matters. Title companies can often issue a preliminary title report showing current record ownership and risks to ownership.

7. When records are unclear: surveys and legal help

If recorded documents are ambiguous, if boundaries are disputed, or if family recollections differ from records, hire a licensed surveyor to map the disputed portion. If the ownership question remains unresolved after records and a survey, consult a Missouri real estate attorney to discuss options such as a quiet title action.

8. If you suspect adverse possession or long-unclear claims

Sometimes possession or use over long periods creates competing claims. Missouri law has rules and time limits that affect such claims. If you believe adverse possession or prescriptive easements may apply, consult an attorney to evaluate the facts and applicable statutes.

Example (hypothetical facts)

Suppose your grandfather’s deed (recorded in Jefferson County) describes a 20-acre tract. A neighbor claims a 2-acre portion along the creek. You would:

  • Obtain your grandfather’s recorded deed and the neighbor’s deed from the Jefferson County Recorder of Deeds.
  • Check the county assessor parcel maps for the 20-acre tract and adjacent parcels.
  • Order a boundary survey of the creek area and compare the survey to the recorded legal descriptions.
  • If the survey and records show a clear boundary but the neighbor still disputes it, speak with a Missouri real estate attorney about a quiet title action or negotiating a boundary agreement.

Key Missouri legal references and resources

  • Missouri Revisor of Statutes — recording laws and procedures: RSMo Chapter 59.
  • Missouri Revisor of Statutes home for broader statute search: revisor.mo.gov.
  • County Recorder of Deeds (search online or visit county office) — for recorded deeds, plats, and easements.
  • County Assessor — for parcel maps, tax records, and parcel identification numbers.

Helpful Hints

  • Start local: county Recorder of Deeds and the assessor are the single best places to begin.
  • Bring any family documents you have (old deeds, tax notices, wills, mortgage papers) when you visit the county office.
  • Use the recorded legal description, not a street address, when researching old or rural property.
  • Look for quitclaim deeds, partitions, or plat filings — these often explain how land was subdivided.
  • Get a survey if boundaries are unclear. A survey often resolves most boundary disputes.
  • Consider ordering a title report from a title company if you need confirmation of current record ownership or to discover liens and encumbrances.
  • If records are missing or show conflicting claims, consult a Missouri real estate attorney about a quiet title action or other remedies.
  • Keep copies of everything you collect and keep a timeline of ownership transfers and key dates.

Disclaimer: This information is educational and not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Missouri lawyer.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.