Railroad Titles in Missouri
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Revision as of 11:44, 4 August 2018 by Davidjenkins (talk | contribs) (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...")
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)
