land claim in Missouri

12 Missouri opinions name it 2 courts 1894–2019 0 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

Case	Followed	Cited
Whittom v. Alexander-Richardson Partnershipgreen mo · 1993 · cited in 3 Missouri opinions naming this issue, 2007–2019 2 sentences 2019Compare Scott v. Hicks, 567 S.W.3d 266, 272 (Mo. App. S.D. 2019) (“An adverse possessor does not recognize the authority of the record titleholder to permit or to prevent his continued use of the property claimed.”) (quoting Weaver v. Helm, 941 S.W.2d 801, 805 (Mo. App. S.D. 1997)), with Whittom, 851 S.W.2d at 508 (“The claimant of an easement claims only the right to make certain use of the land and does not claim to possess the whole title and exclude the owner from it for all purposes.”). 2017Id, “The claimant of an easement claims only the right' to make certain use of the land and does not claim to possess the whole title and exclude the owner from it for all purposes.” Id.	1	3
Smith v. Chamblin Properties, LLCgreen moctapp · 2006 · cited in 1 Missouri opinions naming this issue, 2019–2019 1 sentence 2019“Once a prescriptive easement has been established by adverse use, actions that normally would be evidence against the prescriptive easement, such as asking permission to use the property, have no legal effect.” Smith, 201 S.W.3d at 588 (holding that “the Smiths’ attempt to buy or lease the property did not eliminate the prescriptive easement, which had already been established by adverse use for more than ten years”).5 Here, Southside’s requested easement in 2016 was well outside the ten-year period and, thus, had no effect.	1	1
Weaver v. Helmgreen moctapp · 1997 · cited in 1 Missouri opinions naming this issue, 2019–2019 1 sentence 2019Compare Scott v. Hicks, 567 S.W.3d 266, 272 (Mo. App. S.D. 2019) (“An adverse possessor does not recognize the authority of the record titleholder to permit or to prevent his continued use of the property claimed.”) (quoting Weaver v. Helm, 941 S.W.2d 801, 805 (Mo. App. S.D. 1997)), with Whittom, 851 S.W.2d at 508 (“The claimant of an easement claims only the right to make certain use of the land and does not claim to possess the whole title and exclude the owner from it for all purposes.”).	1	1
Scott v. Hicksgreen · 2019 · cited in 1 Missouri opinions naming this issue, 2019–2019 1 sentence 2019Compare Scott v. Hicks, 567 S.W.3d 266, 272 (Mo. App. S.D. 2019) (“An adverse possessor does not recognize the authority of the record titleholder to permit or to prevent his continued use of the property claimed.”) (quoting Weaver v. Helm, 941 S.W.2d 801, 805 (Mo. App. S.D. 1997)), with Whittom, 851 S.W.2d at 508 (“The claimant of an easement claims only the right to make certain use of the land and does not claim to possess the whole title and exclude the owner from it for all purposes.”).	1	1
Cramer v. Jenkinsgreen mo · 1966 · cited in 1 Missouri opinions naming this issue, 1993–1993 1 sentence 1993Cramer v. Jenkins, 399 S.W.2d 15, 17 (Mo.1966).	1	1
Feinstein v. McGuiregreen mo · 1957 · cited in 1 Missouri opinions naming this issue, 1985–1985 1 sentence 1985Feinstein v. McGuire, 297 S.W.2d 513, 517 (Mo.1957).	1	1
Kelley v. Schnebelengreen moctapp · 1976 · cited in 1 Missouri opinions naming this issue, 1979–1979 1 sentence 1979Kelley v. Schnebelen, 545 S.W.2d 332, 334 [1] (Mo.App.1977).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (11)

Case	Cited	Years
Tillman v. Melton green · 1942 2 sentences 1959In Tillman v. Melton, 350 Mo. 155 , 165 S.W.2d 684 , the court held that where there had been no reversion of the land it would not rule, in advance, so to speak, upon a possible reversion of the building with the land in the future. 1959In Tillman v. Melton, 350 Mo. 155 , 165 S.W.2d 684 , the court held that where there had been no reversion of the land it would not rule, in advance, so to speak, upon a possible reversion of the building with the land in the future.	1	1959–1959
Hunnewell v. Burchett neutral mo · 1899 2 sentences 1930The burden, therefore, was upon him to prove such a 552 title, that is, show that he had been in open, notorious and continuous possession of the land under claim of ownership, for ten consecutive years prior to June 7, 1920, the date of the commencement of this suit. [Heckescher v. Cooper, 203 Mo. 278 , 101 S. W. 658 ; Hunnewell v. Adams, 153 Mo. 440, 444 , 55 S. W. 95 ; Hunnewell v. Burchett, 152 Mo. 611 , 54 S. W. 487 .] If there was any competent evidence adduced that his possession had all these characteristics plaintiffs’ instruction for a directed verdict in their favor was properly de 1930The burden, therefore, was upon him to prove such a 552 title, that is, show that he had been in open, notorious and continuous possession of the land under claim of ownership, for ten consecutive years prior to June 7, 1920, the date of the commencement of this suit. [Heckescher v. Cooper, 203 Mo. 278 , 101 S. W. 658 ; Hunnewell v. Adams, 153 Mo. 440, 444 , 55 S. W. 95 ; Hunnewell v. Burchett, 152 Mo. 611 , 54 S. W. 487 .] If there was any competent evidence adduced that his possession had all these characteristics plaintiffs’ instruction for a directed verdict in their favor was properly de	1	1930–1930
Hunnewell v. Adams neutral mo · 1900 2 sentences 1930The burden, therefore, was upon him to prove such a 552 title, that is, show that he had been in open, notorious and continuous possession of the land under claim of ownership, for ten consecutive years prior to June 7, 1920, the date of the commencement of this suit. [Heckescher v. Cooper, 203 Mo. 278 , 101 S. W. 658 ; Hunnewell v. Adams, 153 Mo. 440, 444 , 55 S. W. 95 ; Hunnewell v. Burchett, 152 Mo. 611 , 54 S. W. 487 .] If there was any competent evidence adduced that his possession had all these characteristics plaintiffs’ instruction for a directed verdict in their favor was properly de 1930The burden, therefore, was upon him to prove such a 552 title, that is, show that he had been in open, notorious and continuous possession of the land under claim of ownership, for ten consecutive years prior to June 7, 1920, the date of the commencement of this suit. [Heckescher v. Cooper, 203 Mo. 278 , 101 S. W. 658 ; Hunnewell v. Adams, 153 Mo. 440, 444 , 55 S. W. 95 ; Hunnewell v. Burchett, 152 Mo. 611 , 54 S. W. 487 .] If there was any competent evidence adduced that his possession had all these characteristics plaintiffs’ instruction for a directed verdict in their favor was properly de	1	1930–1930
Heckescher v. Cooper neutral mo · 1907 2 sentences 1930The burden, therefore, was upon him to prove such a 552 title, that is, show that he had been in open, notorious and continuous possession of the land under claim of ownership, for ten consecutive years prior to June 7, 1920, the date of the commencement of this suit. [Heckescher v. Cooper, 203 Mo. 278 , 101 S. W. 658 ; Hunnewell v. Adams, 153 Mo. 440, 444 , 55 S. W. 95 ; Hunnewell v. Burchett, 152 Mo. 611 , 54 S. W. 487 .] If there was any competent evidence adduced that his possession had all these characteristics plaintiffs’ instruction for a directed verdict in their favor was properly de 1930The burden, therefore, was upon him to prove such a 552 title, that is, show that he had been in open, notorious and continuous possession of the land under claim of ownership, for ten consecutive years prior to June 7, 1920, the date of the commencement of this suit. [Heckescher v. Cooper, 203 Mo. 278 , 101 S. W. 658 ; Hunnewell v. Adams, 153 Mo. 440, 444 , 55 S. W. 95 ; Hunnewell v. Burchett, 152 Mo. 611 , 54 S. W. 487 .] If there was any competent evidence adduced that his possession had all these characteristics plaintiffs’ instruction for a directed verdict in their favor was properly de	1	1930–1930
McCaffrey Ex Rel. McCaffrey v. Concord Electric Co. green nh · 1921 1 sentence 1926McCaffrey v. Concord Electric Co., 114 Atl. 395 , 80 N. H. 45, upon which appellant mainly relies, is not only distinguishable from the case now before us on the facts, in that it assumes without evi *1151 dence that the defendant had a right to string its wires through the trees and that the child had no right to be in the tree, but it stands alone among the courts of the land in the doctrine of “chance or casual trespass.” It holds, in effect, that the sole right of a child in a public highway is to travel horizontally, but not to ascend, which is contrary to the general law of the land.	1	1926–1926
Crandall v. Allen neutral mo · 1893 1 sentence 1899If the defendants establish their title to the portion of the main land they claim, the accretion to it will go with it, but they are not entitled by extending the sides of their triangle to take in deposits that were made on the plaintiff’s river front. [Crandall v. Allen, 118 Mo. 403 .] As to the instructions asked by defendant and refused: 1.	1	1899–1899
Aubuchon v. Lory green mo · 1856 1 sentence 1897Aubuchon v. Lory, 23 Mo. 99 ; Chambers’ Adm’r v. Wright’s Heirs, 40 Mo. 482 ; 2 Woerner, Adm’n, secs. 338, 463; 1 Ibid., sec. 276.	1	1897–1897
Sturgeon v. Schaumburg green mo · 1867 1 sentence 1897Aubuchon v. Lory, 23 Mo. 99 ; Chambers’ Adm’r v. Wright’s Heirs, 40 Mo. 482 ; 2 Woerner, Adm’n, secs. 338, 463; 1 Ibid., sec. 276.	1	1897–1897
Atkison v. Dixon neutral mo · 1886 1 sentence 1894But the plaintiff was not in the possession of the land, and he did not have title, as'we have shown, and he was under no obligation to pay the taxes on land he did not own, and being under no obligation to do so, we see no reason why he might not purchase* a tax title on the land, and rely on such title, as well as any other person not interested in the premises.” The following cases are to the same effect: Atkison v. Dixon, 89 Mo. 464 ; Lybrand v. Haney, 31 Wis. 230 ; Blackwood v. Van Vleit 30 Mich. 118 ; Coxe v. Gilson, 27 Pa. St. 160.	1	1894–1894
Lybrand v. Haney neutral · 1872 1 sentence 1894But the plaintiff was not in the possession of the land, and he did not have title, as'we have shown, and he was under no obligation to pay the taxes on land he did not own, and being under no obligation to do so, we see no reason why he might not purchase* a tax title on the land, and rely on such title, as well as any other person not interested in the premises.” The following cases are to the same effect: Atkison v. Dixon, 89 Mo. 464 ; Lybrand v. Haney, 31 Wis. 230 ; Blackwood v. Van Vleit 30 Mich. 118 ; Coxe v. Gilson, 27 Pa. St. 160.	1	1894–1894
Blackwood v. Van Vleit green mich · 1874 1 sentence 1894But the plaintiff was not in the possession of the land, and he did not have title, as'we have shown, and he was under no obligation to pay the taxes on land he did not own, and being under no obligation to do so, we see no reason why he might not purchase* a tax title on the land, and rely on such title, as well as any other person not interested in the premises.” The following cases are to the same effect: Atkison v. Dixon, 89 Mo. 464 ; Lybrand v. Haney, 31 Wis. 230 ; Blackwood v. Van Vleit 30 Mich. 118 ; Coxe v. Gilson, 27 Pa. St. 160.	1	1894–1894

Where else courts name it

NC 61 (1918–2025) TX 38 (1892–2016) PA 20 (1846–2026) IL 18 (1896–2019) CA 13 (1859–2023) OH 13 (1961–2012) LA 12 (1919–2015) NY 12 (1891–2024) MO 12 (1894–2019) TN 11 (1945–2020) RI 11 (1968–2012) FL 11 (1894–2008) OK 10 (1921–2018) MA 9 (1902–2005) UT 9 (1921–2020) MS 9 (1885–2007) KS 8 (1896–2015) GA 8 (1900–1964) AR 8 (1907–2014) MD 7 (1927–2026) MI 7 (1893–2024) WA 7 (1923–2013) AL 7 (1937–2014) NJ 6 (1982–2020) IN 6 (1996–2025) OR 6 (1966–2023) WI 5 (1885–2026) ME 4 (1998–2025) MN 4 (1890–2026) WV 3 (1927–1954) IA 3 (1903–1940) AK 3 (1997–2009) HI 3 (1911–2025) NE 3 (1908–2021) VT 3 (1847–2013) CT 3 (1994–2011) KY 3 (1952–2008) NM 3 (1991–2004) ND 2 (1921–2014) DE 2 (2017–2019)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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