Missouri Statewide Rule
Missouri Adverse Possession (Squatters' Rights)
Key Facts
- Possession period
- Ten years (RSMo 516.010)
- Statute type
- Statute of limitations on recovery of real property
- Required elements
- Actual, open, notorious, exclusive, hostile, continuous
- Removing a squatter short of 10 years
- Unlawful detainer (Chapter 534)
Summary
Missouri requires ten years of possession to claim land by adverse possession. RSMo 516.010 bars an action to recover real property unless the owner was seized or possessed within ten years before suit. A squatter's possession must also be actual, open, notorious, exclusive, hostile, and continuous for the full ten-year period.
No action for the recovery of any lands, tenements or hereditaments, or for the recovery of the possession thereof, shall be commenced, had or maintained by any person, whether citizen, denizen, alien, resident or nonresident of this state, unless it appear that the plaintiff, his ancestor, predecessor, grantor or other person under whom he claims was seized or possessed of the premises in question, within ten years before the commencement of such action.
Full Breakdown
Missouri's adverse-possession period is set by RSMo 516.010, the statute of limitations for recovering real property. It bars an action "unless it appear that the plaintiff... was seized or possessed of the premises in question, within ten years before the commencement of such action." Courts require the claimant's possession to be hostile, actual, open and notorious, exclusive, and continuous for the entire ten years before title may be acquired. A mere trespasser or recent occupant has no protected interest, and a dispossessed owner must sue within the ten-year window. Adverse possession is distinct from eviction: an occupant claiming under a lease or holding over is removed through unlawful-detainer or rent-and-possession actions, not adverse-possession law.
Violations & Penalties
No specific statutory penalty. A would-be adverse possessor who cannot prove the full ten years of hostile, open, exclusive, continuous possession gains no title; the record owner retains the right to recover possession.
Frequently Asked Questions
How long for squatters' rights in Missouri?
What must a Missouri adverse possessor prove?
Sources
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