Porter v. Posey
592 S.W.2d 844 (1979)
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Rule of Law:
Title to land acquired by adverse possession can be transferred to a subsequent purchaser without a written conveyance describing the specific tract, provided the grantor intends to transfer the property and the grantee takes possession of it.
Facts:
- Beginning in 1956, the Engelmeyers acquired property adjacent to a 0.18-acre tract of land.
- Shortly after their purchase, the Engelmeyers cleared the disputed tract, built a gravel turnaround roadway, and continuously used and maintained the area for over 20 years for activities like parking and volleyball games, believing they owned it.
- In October 1975, Donald and Edna Posey purchased a larger property from Elsie Mae Kapp, with a deed that included the legal description of the disputed 0.18-acre tract.
- Prior to their purchase, the Poseys had the land surveyed and were aware that the turnaround used by the Engelmeyers was on the property described in their deed.
- In the summer of 1976, Donald Posey's father threatened Mr. Engelmeyer with a shotgun, telling him to leave the disputed land.
- In July 1976, Eugene and Grace Porter purchased the property from the Engelmeyers.
- Both the Engelmeyers and the Porters intended for the disputed 0.18-acre tract to be included in the sale, despite knowing it was not described in the deed.
- On September 4, 1976, after confronting the Porters, Donald Posey installed a cable blocking access to the turnaround.
Procedural Posture:
- Eugene and Grace Porter (plaintiffs) filed a suit to quiet title against Donald and Edna Posey (defendants) in a Missouri trial court.
- The trial court found in favor of the Porters, vesting title to the disputed 0.18-acre tract in them.
- The Poseys (appellants) appealed the trial court's judgment to the Missouri Court of Appeals, with the Porters as appellees.
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Issue:
Does a valid transfer of title to land acquired by adverse possession occur when the grantor intends to convey the land and the grantee takes possession, even if the disputed parcel is not described in the deed?
Opinions:
Majority - Satz, J.
Yes, a valid transfer of title occurs. Title to property acquired by adverse possession can be transferred without a written conveyance describing the land if the seller intends to transfer the property and the buyer takes possession. The court first determined that the Engelmeyers had acquired title to the tract through adverse possession by meeting all five elements: their use was actual, open and notorious, hostile, exclusive, and continuous for the statutory ten-year period. Once title vested in the Engelmeyers, it extinguished the record title held by the Poseys' predecessors. The central issue then became whether this vested title was properly transferred to the Porters. Relying on precedent such as Crane v. Loy, the court held that the transfer was valid because the evidence clearly showed the Engelmeyers intended to convey the disputed tract and the Porters took actual possession of it. This principle of transferring title based on intent and possession is a recognized exception to the general requirement for a written conveyance.
Analysis:
This decision solidifies a significant exception to the Statute of Frauds, which typically requires transfers of real property to be in writing. The court affirms that in Missouri, title perfected by adverse possession can be passed to a grantee through a parol transfer (oral agreement or demonstrated intent) coupled with the delivery of possession. This is particularly important for tracts of land that have been used by a predecessor for the statutory period but were omitted from the deed. The case emphasizes that the inquiry shifts from strict deed formalities to the factual determination of the parties' intentions and actions, providing a practical mechanism for conveying title to land that has been functionally, but not formally, incorporated into an adjacent property.
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