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Missouri Land Use & Zoning Questions & Answers
0 Answers | Asked in Land Use & Zoning for Missouri on
Q: Atchison Co. Missouri. Interpretation of property owners rights, maintenance, size, ownership of Co. right of ways

Right of way is this the same as maintenance eavesment?

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Civil Rights for Missouri on
Q: Must a land owner provide a vehicular ingress and egress tqo a piece of landlocked property ?

Does Missouri law not state that if your property is landlocked and you have no means of gaining access that you have the right to a vehicular ingress and egress ? Even in a private subdivision . The board of trustees has told me I am banned from driving in on their roads to get to my property... View More

James L. Arrasmith
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answered on Mar 21, 2024

In Missouri, as in many other places, if your property is landlocked, you may indeed have the right to vehicular ingress and egress. This is generally intended to ensure that every property owner has access to their land. The specifics can vary based on local laws and the exact circumstances of the... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Missouri on
Q: Do ALL property rights pass on to children as heirs if no deed was established prior to death?

Four years ago my grandfather died, without a will, and several family members and I became co-owners of land after probate court, including my uncle. Before anything was deeded, my uncle also passed away last year. My question: Does his share of ownership, as determined in probate court, pass on... View More

Anthony M. Avery
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answered on Aug 2, 2023

Hire a MO attorney to determine heirship. Then execute and record an Affidavit of Heirship as a source of title for the tenants in common. Remember someone has to pay taxes, insurance or a note.

2 Answers | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Missouri on
Q: I bought land with my Brother, we own it 50/50, I live on the land, and tend to it, pay taxes on it, my brother doesn't

Do anything with it, doesn't live on it, doesn't pay taxes on it, I've offered to buy him out and will pay the amount he requested but he is avoiding me, is there anything legally I can do to make the process happen?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 6, 2023

You can hire an attorney and file a partition lawsuit.

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1 Answer | Asked in Arbitration / Mediation Law, Collections and Land Use & Zoning for Missouri on
Q: Okay we bought a pool through Blue world pools pretty much got scammed lien on home how can we get out of this ?

We live in Missouri and we want to know how can we get the lien off of our property the blue world pool is removable they can come get it we just want out of all of it they're ripping us off

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 18, 2022

You will need to retain an attorney to determine whether you can get out of your contract.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Contracts for Missouri on
Q: water entered house at entire foundation, ruining the finished basement.Is the builder at fault?

home is 3 year old display in Frontenac, purchased one year ago from builder.

Whole subdivision was built, including grading and drainage. Frontenac has

yet to sign off on completion.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 8, 2022

You need to have an attorney review the contract and learn the relevant facts in order to get meaningful advise, as well as to understand your options. There is no specific statute in Missouri that stays a builder is automatically liable any time water enters the basement of a 3-year old house.... View More

1 Answer | Asked in Contracts, Land Use & Zoning and Landlord - Tenant for Missouri on
Q: Someone posseses a general warranty deed but wants nothing to do with it,someone else claims her deseased husbandowned

Deceased husband along with herself signed it over to current general warranty deed person

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 22, 2019

If you want a lawyer to help you do whatever it is you are trying to do, you must restate the question--and add many more facts when you do.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Missouri on
Q: How do I initiate a hostile land grab
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 15, 2019

Your post is unclear. If you are inquiring about how to file an adverse possession lawsuit, I suggest you get a survey done and hire a good real estate attorney.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Missouri on
Q: What do I do if I want a piece of land to put a camper on for the best price I plan on putting a garden on it and living

On it as a forever residence could there be a way to pay an owners unpaid property tax and gain a title to the land that way

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jul 31, 2019

You can purchase property at a tax sale. But you will need to consult an attorney familiar with the process of getting the deed to the land in your name.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Missouri on
Q: Asking about Missouri grandfathered claus. If someone purchases land and a business that are both grandfathered in...

Say the business is a salvage yard in city limits, but there has been a law made since it opened that no longer allows a salvage yard in city limits, but since the business was there first, its grandfathered in. If that land and business switches owners, does that grandfather claus still apply with... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 5, 2019

I am not licensed to practice in Missouri--but unless Missouri is unlike most if not all other states--grandfather clauses like the one you described here do not "run with the land." That means the answer is no, the new owner cannot expect to keep operating the junk yard--lawfully.... View More

1 Answer | Asked in Land Use & Zoning for Missouri on
Q: Can you run a car was business in a residential area the person seem to have a business license but in a residential are
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 24, 2019

Depends on the zoning requirements in the residential area. Probably not, however.

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Missouri on
Q: My neighbor would like to change our property line (which is odd). We are in agreement. What steps need to be taken?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Mar 9, 2019

You should have a surveyor prepare the new legal descriptions of both properties. Then a deed needs to be prepared transferring the parcel being transferred. A lawyer can do that. But start with a surveyor.

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Missouri on
Q: Drainage problems and neighbors:

I am having drainage problems on both sides of my home. On one side, water drains from “higher” neighbors gutters which ultimately resulted in water entering my home. I had an expensive French drain installed.

In the course of resolving this problem, it was discovered that on the... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 29, 2018

Whether you are responsible depends on if a lawsuit is filed and the outcome of the lawsuit. It is tough to opine as to how a court would rule without there being a petition to review and without knowing all of the facts. I suggest that you too consult with an attorney.

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