Little Rock, AR asked in Real Estate Law and Tax Law for Mississippi

Q: How do I file for adverse possession in the state of Mississippi. My wife and I have had possession of a house that my

Father in-law owns for 25 years. In 2015 I went to Georgia but I kept up the bills and maintenance of the house. He passed away in 2018 without a will. We came back in January of this year 2023. Can we claim it through adverse possession without involving her siblings because we are the ones who kept the maintenance and bills.

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1 Lawyer Answer
Anthony M. Avery
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  • Tax Law Lawyer
  • Knoxville, TN

A: Continuous adverse possession has not occurred since you left the property for 5 years. Hopefully you have paid taxes on it for several years. Transferring title by adverse possession is usually a defense to ejectment, not a suit for you to file as plaintiff. Right now you do not have color of title, but if you get a deed from one of the heirs it might serve as color of title for the whole. Or you can wait until an heir sues you for possession, then you raise the defense. Do not tell anyone else of your five year absence. Hire a very competent MS attorney for advice on how to conduct yourself until you are sued. If the property is a tract, the extent of your actual possession is critical.

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