Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

White v. Buntin, 77 S.W.3d 702 (2002)

Citation
White v. Buntin, 77 S.W.3d 702 (2002)
Parent Document
White v. Buntin, 77 S.W.3d 702 (2002)
Jurisdiction
Missouri (state)
Effective Date
2002-06-18

Full Text

897 chars
Notice can be either constructive notice under the recording laws or actual notice. Leawood Nat. Bank of Kansas City v. City Nat. Bank & Trust Co. of Kansas City, 474 S.W.2d 641, 644 (Mo.App.1971). A subsequent purchaser of realty is deemed to purchase with constructive notice of the contents of all recorded instruments. Section 442.390 RSMo; Hamrick v. Herrera, 744 S.W.2d 458, 461 (Mo.App.1987). In this case, there was no constructive notice. There was nothing of record concerning the oral lease. Lease provisions which attempt to change the character of property affixed to the real estate are not binding on purchasers where not of record. Leawood Nat. Bank, 474 S.W.2d at 645. There was no evidence in this case of any written, recorded lease or other instrument which would give constructive notice of tenant’s agreement with landlord to remove the fill dirt, driveways, and drain tiles.