Mo. R. Civ. P. 96.03

As amended through November 19, 2024
Rule 96.03 - Burdensome and Unprofitable Estates-Sale

Persons holding estates, or an interest in estates, in land for life or for years, carrying the right of immediate use and enjoyment therein may sue the owners of the remainder or reversion for sale of such land, or any of the same, upon the ground that the life or other estate of immediate enjoyment is burdensome and unprofitable because the cost of paying the taxes and assessments thereon and holding, maintaining, caring for and preserving the land from waste, or injury and deterioration, exceeds the reasonable value of the rents and profits thereof, and that a greater income can probably be had from proceeds of a sale thereof invested in bonds of the United States or of Missouri or of some municipality or school district thereof or first lien mortgage loans on land situated in this state. The sale of such land in partition shall be made in the same manner as other sales of land not susceptible of division in kind. From the proceeds of the sale there shall be first paid the costs and expenses of the action and sale of the real estate and the commuted value of any estate which is commutable and which is requested to be commuted by the owner or owners thereof. The balance of the proceeds of the sale shall be invested as authorized by this Rule and the income therefrom shall be distributed to the owners of such estate for life or for years.

Mo. R. Civ. P. 96.03

Adopted June 5, 1980, eff. 1/1/1981.

Committee Note-1981

This is substantially the same as prior Rule 96.02.