Full question:
Define Adverse Possession law on real estate in Mississippi.
- Category: Real Property
- Subcategory: Adverse Possession
- Date:
- State: Mississippi
Answer:
Adverse possession is a means by which someone may acquire title to the land of another through certain acts over a defined period of time. Such acts must continue uninterrupted for the time period defined by state laws, which vary by state. In general, the acts of possession must be overt, hostile, exclusive, uninterrupted, and under a claim of right, etc., so as to give the owner or others claiming entitlement to possession notice and an opportunity to counter the adverse possession. Payment of real property taxes and making improvements (such as paving or fencing) for the statutory period, which varies by state, are evidence of adverse possession but cannot be used by a person with no claim to title other than possession. Certain public property is not subject to adverse possession. Some states require that the possession be "under color of title," or that the person must believe that he has the right to possess it and has some form of document or is relying on some fact that while not actually conveying title, appears to do so. In addition, many states require concurrent the payment of property taxes for a specified period of time, and a few states also require that improvements be made upon the land. Eventually, the possessor is required to file for title with the county recorder. The actual owner then has a limited amount of time in which to challenge the newcomer's title. Essentially, the owner's only argument is to claim some sort of disability; such as age, mental instability, or imprisonment. The owner is not required to do much in order to stop the possessor from acquiring title; merely sending the possessor a note granting permission to be there will usually suffice. Various rules exist regarding the continuousness of the possession and the ability to "tack" various periods of possession together in order to satisfy the time of possession requirement. The period for adverse possession in Mississippi is 10 years.
Please see the following MS statutes:
§ 15-1-13. Ten years' adverse possession gives title; exceptions.
(1) Ten (10) years' actual adverse possession by any person claiming to
be the owner for that time of any land, uninterruptedly continued for ten
(10) years by occupancy, descent, conveyance, or otherwise, in whatever
way such occupancy may have commenced or continued, shall vest in every
actual occupant or possessor of such land a full and complete title,
saving to persons under the disability of minority or unsoundness of mind
the right to sue within ten (10) years after the removal of such
disability, as provided in Section 15-1-7. However, the saving in favor
of persons under disability of unsoundness of mind shall never extend
longer than thirty-one (31) years.
(2) For claims of adverse possession not matured as of July 1, 1998,
the provisions of subsection (1) shall not apply to a landowner upon
whose property a fence or driveway has been built who files with the
chancery clerk within the ten (10) years required by this section a
written notice that such fence or driveway is built without the
permission of the landowner. Failure to file such notice shall not create
any inference that property has been adversely possessed. The notice
shall be filed in the land records by the chancery clerk and shall
describe the property where said fence or driveway is constructed.
§ 15-1-15. Three years' actual occupation under a tax title bars suit.
Actual occupation for three years, after two years from the day of sale
of land held under a conveyance by a tax collector in pursuance of a sale
for taxes, shall bar any suit to recover such land or assail such
title because of any defect in the sale of the land for taxes, or in any
precedent step to the sale, saving to minors and persons of unsound mind
the right to bring suit within such time, after the removal of their
disabilities, and upon the same terms as is provided for the redemption
of land by such persons.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
