Zachary, LA asked in Real Estate Law and Libel & Slander for Mississippi

Q: I need assistance with a slander of title claim on my property. It was filed by a local attorney at the court house

Surrounding land owners amended covenants with the help of an attorney to give themselves access to my land. I purchase a 36 acre lake that was included with the 90 acres I purchased from the previous owner. The previous owner allowed surrounding land owners to use the lake. When I purchased the property I was told that I am the maker of the covenants and can do away with them if I wanted. Every covenant has been broken over the last 50 years and they are running consecutively until NOV. 2029. But, the majority of surrounding land owners amended them to give themselves easement over my land and use of the Lake as well. An attorney helped file the documents as well. My attorney is local and does not want to sue a local attorney but all for me doing it against his insurance. I need someone who can help me get the ball rolling and hopefully help come to a settlement to get this behind me. I would also like to do away with the covenants since they are all broken anyway

1 Lawyer Answer
Anthony M. Avery
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Answered

A: You will have to hire a competent MS attorney to search the title and determine the existence of any other interests in your land. Prescriptive Use Easements may be established here. A Declaratory Judgment action against the claimants could determine they have no interests in your land, or you might lose.

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