9.26 Burden of Proof
| Library | Real Estate Practice Deskbook (2019 Ed.) |
c. (§9.26) Burden of Proof
"Missouri law does not favor prescriptive easements." Orla Holman Cemetery, Inc. v. Robert W. Plaster Tr., 304 S.W.3d 112, 119 (Mo. banc 2010); see also Rutherford v. Davis, 458 S.W.3d 456, 459 (Mo. App. E.D. 2015); Hirsch v. Ebinger, 334 S.W.3d 695, 698–99 (Mo. App. E.D. 2011). A prescriptive easement must be proven by clear and convincing evidence. See:
· Rohner v. Beets, 396 S.W.3d 458, 464 n.7 (Mo. App. W.D. 2013) (although title by adverse possession only needs to be proven...
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