Section 445.070

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY

Chapter 445

Effective - 28 Aug 1939   

  445.070.  Penalty for selling lots before plat recorded — plat shall vest fee, when. — 1.  If any person shall sell or offer for sale any lot within any city, town or village, or any addition thereto, before the plat thereof be made out, acknowledged and recorded, as aforesaid, such person shall forfeit a sum not exceeding three hundred dollars for every lot which he shall sell or offer to sell.

  2.  Such maps or plats of such cities, towns, villages and additions made, acknowledged, certified and recorded, shall be a sufficient conveyance to vest the fee of such parcels of land as are therein named, described or intended for public uses in such city, town or village, when incorporated, in trust and for the uses therein named, expressed or intended, and for no other use or purpose.

  3.  If such city, town or village shall not be incorporated, then the fee of such lands conveyed as aforesaid shall be vested in the proper county in like trust, and for the uses and purposes aforesaid, and none other.

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(RSMo 1939 § 12809)

Prior revisions: 1929 § 11185; 1919 § 9287; 1909 § 10294

(1961) Street in unincorporated area dedicated under this section would not be deemed abandoned under section 228.190 by nonuser but could only be vacated in accordance with proceedings set out in section 71.270. Winschel v. County of St.  Louis (Mo.), 352 S.W.2d 652.

(1963) The filing of a properly executed plat of a subdivision which dedicated certain lands not within an incorporated municipality to the public use does not constitute a statutory dedication under this section where there was no showing that the plat was accepted by the governing body of the county. However, there is a common law dedication and in this case an acceptance by subsequent annexation by the Village of Hazelwood thereby converted the dedicated ways into public streets of the village. Weakley v. State Highway Commission (Mo.), 364 S.W.2d 608.

(1967) Fact that there was a nonuser by the public of a platted public alley does not work an abandonment of it. Bates v. Mueller (A.), 413 S.W.2d 853.