Declaratory Judgment Action
A declaratory judgment action is a unique kind of lawsuit that asks a court to determine the parties’ rights and obligations. Such judgements typically don’t award money damages. Declaratory judgment actions are governed by Chapter 527 of the Missouri statutes and Missouri Supreme Court Rule 87.
A declaratory judgment action is often filed to resolve disputes over real estate. Such disputes might include questions about the rights and obligations of the parties to a lease, option to purchase, deed, contract for deed, deed of trust, homeowner’s restrictions, easement, roadway, and waterway. A declaratory judgment action is also often used to decide boundary line disputes and to interpret governmental rules, regulations, ordinances, and statutes as they relate to real estate or other matters. Finally, a declaratory judgment action is frequently used to decide the meaning and enforceability of provisions contained in a trust or will affecting real estate.
A petition for a declaratory judgment must describe a present controversy about the parties’ rights or obligations. Although the line is often blurred, the court will not give opinions about hypothetical circumstances or facts that do not yet exist. For example, the court will not give an opinion about a term in a real estate purchase contract if the contract is not yet signed or if there is not yet a controversy about the term of a signed contract. Additionally, the party bringing the suit must have no adequate remedy at law. That generally means that there is no other law available to resolve the dispute. Declaratory judgment lawsuits also typically include counts to quiet title, for adverse possession, partition of land, and for reformation of a deed.
This article is for general informational purposes only, and it is not intended as legal advice.
Michael Sewell has provided real estate and business law representation since 2005. Please contact Michael at (314) 942-3232 or at michael@sewelllaw.net to discuss your litigation or other legal matters.
The choice of a lawyer is an important decision and should not be based solely upon advertisements.
© 2023 Sewell Law, LC