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Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY

 Chapter 442

previous next Effective - 28 Aug 1939bottom

  442.380.  Instruments to be recorded. — Every instrument in writing that conveys any real estate, or whereby any real estate may be affected, in law or equity, proved or acknowledged and certified in the manner herein prescribed, shall be recorded in the office of the recorder of the county in which such real estate is situated.

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(RSMo 1939 § 3426)

Prior revisions: 1929 § 3039; 1919 § 2198; 1909 § 2809

CROSS REFERENCES:

Deed acknowledged and recorded under former law or copy, admissible in evidence, when, 490.290, 490.300, 490.310

Deed recorded before proof or acknowledgment, admissible in evidence, when, 490.320, 490.330

Idem sonans in names in instruments affecting real estate, rule as to admissibility, 490.450

Index of recorded instruments to be kept, 59.470

Instruments affecting real estate or copy read in evidence, when, 490.410, 490.420

Judgment or decree quieting or passing title to be recorded, 511.320

Recording of instruments in class one counties where recorder is required to maintain offices both at the county seat and another place in the county, 59.163

(2004) Special tax bill and resulting lien authorized by section 88.812 are not subject to recording requirement of section or to "first in time, first in right" rule of perfecting a security interest.  Golden Delta Enterprises v. City of Arnold, 151 S.W.3d 119 (Mo.App.E.D.).

(2012) Application of recording statutes and the "first spade rule"for mechanic's liens in section 429.060 provide that a purchase-money deed of trust recorded after the commencement of work on a project is inferior to any mechanic's liens arising on the land from that work.  Bob DeGeorge Associates v. Hawthorn Bank, 377 S.W.3d 592 (Mo.banc).


---- end of effective   28 Aug 1939 ----

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