Real Property-Adverse Possession-Oral Agreement for Sale

Staff Report//June 24, 2026//

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Plaintiffs appealed the adverse summary judgment in their action claiming title to a property. Plaintiffs admitted they entered an agreement with decedents regarding the property conditioned upon their maintenance and rehabilitation of the property. The trial court granted summary judgment to defendants, noting that plaintiffs never filed a claim with decedents’ estate, the statute of frauds barred evidence of an oral agreement for the property, and decedents’ permission for plaintiffs to occupy the property defeated any adverse possession claim.

Where plaintiffs’ allegations could support finding that they had established equitable title to the property through their maintenance and improvements, they could assert a quiet title action despite having an oral agreement.

Judgment is reversed and remanded.

Marshall v. Marshall (MLW No. 84982/Case No. SD39112 – 21 pages) (Missouri Court of Appeals, Southern District, West, J.) Appealed from circuit court, Dade County, Nichols, J. (Donald Matthew Brown, Bolivar for appellants) (Thomas W. Millington, Springfield and Karl W. Blanchard, Joplin for respondents)