Chapter 12 Real, Personal, and Penal Actions and General Provisions

• Library: Time Limitations 2010

I. Statutes of Limitations (Sections 516.010 - 516.500)

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                | Statuteor Rule| Action, Event,or Proceeding | TimeLimit | ComputedFrom |
                +----------------+--------------------------------+--------------------------------+---------------------------------+
                | I. Statutes of Limitations (Sections 516.010 - 516.500) |
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                | Real Actions |
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                | 516.010 | Action for recovery of land or | Within 10 years after | Date last seized or possessed |
                | | possession | | |
                +----------------+--------------------------------+--------------------------------+---------------------------------+
                | Comment: This section bars an action to recover real property where the plaintiff did |
                | not possess the premises during the preceding ten years. Because possession cannot be recovered, th- |
                | e statute has the effect of vesting title in the adverse possessor. The statute is very old, and the- |
                | re are myriad cases construing it. The researcher is referred to V.A.M.S. § 516.010, notes 3-18 f- |
                | or cases construing the reach of the statute and to the very helpful discussion of adverse possessio- |
                | n and actions to quiet title contained in II Mo. Real Estate Practice, ch. 12 (MoBar 4th ed. 2000 an- |
                | d Supp. 2002). Because § § 516.020 - 516.090 are, more or less, companions of § 516.010, tho- |
                | se sections are briefly reviewed under this heading. Section 516.020, which has not been judicially |
                | construed, provides that a person's right to possession is not affected by "decent, cast in conseque- |
                | nce of the death of any person in possession of any such estate." Section 516.030 extends the 10-yea- |
                | r limitation for two categories of persons who suffer "disabilities" at the time right or title to t- |
                | he property accrues: (1) those who are within the age of 18 and (2) those who are mentally incapacit- |
                | ated. The section provides that the time during which the disability continues does not count toward |
                | the 10 years and that such a person may bring such an action "after the time so limited, and within |
                | three years after such disability is removed . . . ." This means that, should the disability contin- |
                | ue for more than 10 years after the cause of action accrues, the formerly disabled property owner ha- |
                | s 3 years after the removal of the disability to commence the action; if the disability continues fo- |
                | r less than 10 years after the cause of action accrues, the formerly disabled property owner likewis- |
                | e has 3 years to commence the action, except that, if the 3 years, together with the period of disab- |
                | ility, is less than 10 years, the formerly disabled property owner has the unexpired portion of the |
                | 10 years to commence the action. Robinson v. Allison, 91 S.W. 115 (Mo. 1905). Section 516.030 also c- |
                | ontains an absolute limitation of 21 years from the accrual of the cause of action. Thus, the plaint- |
                | iff is barred after 21 years, even where the disability has not been removed within 21 years. See Pe- |
                | mberton v. Reed, 545 S.W.2d 698 (Mo. App. W.D. 1976). Section 516.060 bars a spouse who did not join |
                | in a conveyance before 1900 from bringing an action to recover possession where the spouse did not |
                | bring the action within 2 years of the effective date of the act (1917), or where the spouse did not |
                | file a notice with the recorder of deeds within 2 years of the effective date of the act. Similarly- |
                | , § 516.065 bars a |
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                | spouse (or one claiming under a spouse) who did not join in a conveyance after 1900 and before 1935 |
                | from bringing an action to recover possession where the spouse did not bring an action within 2 year- |
                | s of the effective date of the act (1951), or where the spouse did not file a notice with the record- |
                | er of deeds within 2 years of the effective date of the act. In Wright v. Martin, 674 S.W.2d 238 (Mo- |
                | . App. S.D. 1984), it was held that § 516.065 had not been repealed by implication by § 474.15 |
                | 0.2. Section 516.070 is a 30-year statute relating to realty (sometimes called the 31-year statute) |
                | and § 516.080 is a 20-year statute relating to realty. Section 516.070 provides a 1-year limitati- |
                | on where equitable title to property emanated from the government more than 10 years, and where the |
                | claimant has not possessed the land for 30 consecutive years, and where the claimant has not paid an- |
                | y taxes on the property for that period. Section 516.080 provides a 1-year limitation compiled from |
                | the time legal title issued by the government, where there had been an equitable right or title for |
                | more than 20 years such as would have permitted the claimant to bring a cause of action in Missouri, |
                | and the land has been possessed by another for 20 years. Section 516.090 provides that statutes of |
                | limitations do not apply to state land or to lands "given, granted, sequestered or appropriated to a- |
                | ny public, pious or charitable use." Harrison v. State Highways & Transp. Comm'n, 732 S.W.2d 214 (Mo- |
                | . App. S.D. 1987), contains a useful discussion of cases on the scope of the statute, noting, inter |
                | alia, that § 516.090 is not confined to lands held in fee, but also to easements; that the limita- |
                | tion is not applicable to claims arising before the effective date of the statute (Aug. 1, 1866); an- |
                | d that the doctrine may be inapplicable where property is abandoned. City of Gainesville v. Gillilan- |
                | d, 718 S.W.2d 553 (Mo. App. S.D. 1986), holds that the statute is applicable to property held by a c- |
                | ity in a proprietary capacity as well as in a governmental capacity. |
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                | 516.095 | Commencement of action for bre-| Within 2 years after | Completion of the building or |
                | | ach of covenant restricting la-| | improvements in violation of t- |
                | | nd use | | he covenant |
                +----------------+--------------------------------+--------------------------------+---------------------------------+
                | Comment: Section 516.095 is not applicable to all restrictive covenants, but only tho- |
                | se that regulate visible improvements. The statute specifically excludes other statutes providing fo- |
                | r savings provisions. It has been held applicable to an action to remove a building, Sherwood Estate- |
                | s Home Ass'n, Inc. v. Watt, 579 S.W.2d 851 (Mo. App. W.D. 1979), but not to an electric sign or equi- |
                | pment in a yard, when not deemed visible improvements, Terre Du Lac Prop. Owners' Ass'n, Inc. v. Wid- |
                | eman, 655 S.W.2d 803 (Mo. App. E.D. 1983). |
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                | Personal Actions |
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                | 516.097 .1 | Tort action against architects-| Within 10 years of | Date improvement completed |
                | | , engineers, or builders of de-| | |
                | | fective improvement to real pr-| | |
                | | operty | | |
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                | Comment: An action or third-party action for contribution or indemnity may be brought |
                | within one year of filing of action. Section 516.097.3. Section not applicable if barred by another |
                | statute, concealment of defect, or where action brought against owner or possessor of property. Sec- |
                | tion 516.097.4. This section does not apply to action by homeowner against contractor for breach of |
                | implied warrant; § 516.120 is applicable. Hasemeier v. Metro Sales, Inc., 699 S.W.2d 439 (Mo. App- |
                | . E.D. 1985). Statute declared constitutional. Blaske v. Smith & Entzeroth, Inc., 821 S.W.2d 822 (Mo- |
                | . banc 1991). |
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                | |
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                | 516.098 .1 | Bringing of action against per-| Within 5 years after | Discovery of error or omission |
                | | son for damages resulting from | | |
                | | error or omission in survey o-| | |
                | | f land | | |
                +----------------+--------------------------------+--------------------------------+---------------------------------+
                | Comment: Likewise, actions for contributions or indemnity barred. Limitation does not |
                | apply where fraud involved. |
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                | 516.100 | All actions other than recover-| | |
                | | y of real property - § § | | |
                | | 516.100 to 516.370. When actio-| | |
                | | n deemed to accrue | | |
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                | Comment: Section 516.100 establishes the date of accrual for the limitations set fort- |
                | h in § § 516.100 - 516.370. These actions accrue when the damage resulting from a wrong or a te- |
                | chnical breach of contract or duty is sustained and capable of ascertainment; if there is more than |
                | one item of damage, the action accrues once the last item of damage is sustained and capable of asce- |
                | rtainment. "Capable of ascertainment" refers to the fact of damage rather than the precise amount. S- |
                | . Cross Lumber & Millwork Co. v. Becker, 761 S.W.2d 269 (Mo. App. E.D. 1988). Damage is sustained an- |
                | d capable of ascertainment whenever

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