Railroad Titles in Missouri - Revision history

Davidjenkins: /* Easements */

2018-08-04T20:37:06Z

‎Easements

Davidjenkins: /* Easements */

2018-08-04T20:11:11Z

‎Easements

Davidjenkins: /* Fee Simple */

2018-08-04T20:10:20Z

‎Fee Simple

Davidjenkins: Created page with "==Overview== Title insurance companies are rarely, if ever, asked to insure titles to active railway lines which are typically preempted at many levels by federal law. Railr..."

2018-08-04T19:44:59Z

Created page with "==Overview== Title insurance companies are rarely, if ever, asked to insure titles to active railway lines which are typically preempted at many levels by federal law. Railr..."

New page

==Overview==

Title insurance companies are rarely, if ever, asked to insure titles to active railway lines which are typically preempted at many levels by federal law. Railroad Titles in the context of title insurance typically involves insuring title to land where rail lines once ran on land on easements or land owned in fee simple by railroad companies.

==Fee Simple==

==Easements==

Missouri has only a few cases on point, but most seem to indicate that once tracks have been removed from an easement owned by a railroad, the easement is considered to be abandoned regardless of intent or how much time has passed since the tracks were removed. Mere non-use is not sufficient to demonstrate abandonment.
* Ball v Gross, 565 S.W.2d 685 (Mo.App.1978)
* Knox County Stone v Bellefontaine Quarry, 985 S.W.2d 356 (Mo.App. 1998)
* Strother v Bootheel Rail Properties, Inc., 66 S.W.3d 751 (Mo.App. 2001)

==Cross-References==
* [[Missouri]]
* [[Abandonment in Missouri]]

@@ Line 9: / Line 9: @@
 ==Easements==
-Missouri has only a few cases on point, but most seem to indicate that once tracks have been removed from an easement owned by a railroad, the easement is considered to be abandoned regardless of intent.  Mere non-use is not sufficient to demonstrate abandonment.
+Missouri has quite a few cases on point, but most seem to indicate that once tracks have been removed from an easement owned by a railroad, the easement is considered to be abandoned regardless of intent.  Mere non-use is not sufficient to demonstrate abandonment.
-* <u>Ball v Gross</u>, 565 S.W.2d 685 (Mo.App.1978)
+* <u>Ball v. Gross</u>, 565 S.W.2d 685 (Mo.App. 1978)
-* <u>Knox County Stone v Bellefontaine Quarry</u>, 985 S.W.2d 356 (Mo.App. 1998)
+* <u>Boyles v. Missouri Friends of Wabash Trace Nature Trail, Inc.</u>, 981 S.W.2d 644 (Mo.App. 1998)
-* <u>Strother v Bootheel Rail Properties, Inc.</u>, 66 S.W.3d 751 (Mo.App. 2001)
+* <u>Knox County Stone v. Bellefontaine Quarry</u>, 985 S.W.2d 356 (Mo.App. 1998)
 ==Cross-References==
 * [[Missouri]]
 * [[Abandonment in Missouri]]

← Older revision		Revision as of 20:10, 4 August 2018
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	==Fee Simple==		==Fee Simple==
		+
		+	If title could not be obtained through a deed or other conveyance of fee simple title from the owner of the land, insuring over an interest originally owned if fee simple by a railroad would normally require an action to quiet title based to ensure that title would be insurable. For railroads that have been inactive for several years, finding the current owner is often difficult because transfers in ownership are often done outside the public records through mergers and acquisitions of assets.

	==Easements==		==Easements==