Section 3 Generally

• Library: Real Estate Fundamentals 2011

It is difficult to imagine a quiet title law being broader or more inclusive than § 527.150, RSMo 2000. Section 527.150.1 states that “[a]ny person claiming any title, estate or interest in real property, whether the same be legal or equitable, certain or contingent, present or in reversion, or remainder, whether in possession or not,” may institute a suit to quiet title. See Hughes v. Neely,332 S.W.2d 1 (Mo. 1960) (contingent remainderman). In a suit to quiet title, however, a party can recover only on the strength of the party’s own title and not on the weakness of the opposing party’s title. Erickson v. Greub,287 S.W.2d 873, 876 (Mo. 1956); Baugh v. Grigsby,286 S.W.2d 798, 800 (Mo. 1956); 58 A.L.R. 2d 607 (1958).

A plaintiff is not required to show good title against the whole world but only that the plaintiff’s title is superior to that of the defendant. Gaskill v. Cook,315 S.W.2d 747, 754 (Mo. 1958); Weber v. Johannes,673 S.W.2d 454, 460 (Mo. App. S.D. 1984).
A quiet title action is a special statutory action to adjudge the respective estates...