Legal Question in Real Estate Law in Missouri

I was told I was purchasing a duplex. By all definitiins, it's a duplex. I went to refinance and the county recorder has it as a condo. I'm told that would mean I don't own the land and would cut the appraisal worth by 30-50 thousand. I maintain the grounds and pay real estate taxes on the ground yearly. Could I own the land according to adverse possession. I live in Franklin County Missouri.


Asked on 5/28/16, 4:38 am

1 Answer from Attorneys

Anthony Smith LawSmith

There aren't sufficient facts here to assess if an Adverse Possession is warranted as a defense. Apparently nobody is trying to kick you off the land, as that is when adverse possession is usually raised. It does sound like you might have a viable claim on your title insurance policy. If you didn't purchase title insurance, you may be severely limited in getting someone else to pay or reimburse you for the expense of getting your situation changed, or for the reduction in fair market value. It will matter who told you it was a duplex, and how they told you. If it is a condominium, you might be able to get the board to reimburse you for the property taxes that you've paid. Not all condos are maintenance provided, so it isn't clear if anyone other than you is responsible for maintaining the grounds.

It seems odd that a deed granting the land to you, would get past the title company. Perhaps the recorder is just stating how the area is zoned. If the condo board owned the land, how could a single member transfer title from them to you. It sounds like you and/or your attorney need to do some more investigation of the condo declaration by the recorder's office. If at some point the condo board (or the person who buys your land from them) tries to put you off, you might be able to make an adverse possession defense. But, there are other criteria beyond paying bills and living on the land. Your attorney can explain that to you, if the need arises.

Good luck

Good luck

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Answered on 5/31/16, 11:34 am


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