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Mississippi Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Mississippi on
Q: I hold the deed to my parents property both are deceased. I was asked for a deed from the heirs. What does this mean?

I hold the deed to the property though quit claim. The title co. stated that if I want to sell the property they will need to get deeds from the heirs. What does this mean.

Anthony M. Avery
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answered on Apr 30, 2024

Apparently you are not the fee owner. Others believe the heirs own as tenants in common. Hire a MS attorney to search the title and determine ownership.

1 Answer | Asked in Foreclosure and Real Estate Law for Mississippi on
Q: I am self-financing a property. The resident is now 4 months behind on his payments. What can I do?

I have texted reminders to him each m.onth. Property is in Lena, MS

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answered on Mar 11, 2024

If you have a Deed of Trust, then you must Foreclose. If you have a Contract(Lease With Option To Purchase), then you must sue for possession. Hire a MS attorney to handle this.

2 Answers | Asked in Tax Law and Real Estate Law for Mississippi on
Q: My dad and I have the same name so he bought land and used my social and I didn’t know how do property taxes work on tha

That if I never received a bill for property taxes now he has past

James L. Arrasmith
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answered on Feb 4, 2024

I understand your situation with your father using your social security number to purchase land, resulting in a lack of property tax bills. It's crucial to address this issue promptly to avoid potential legal complications.

First, consult with an attorney who specializes in real...
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1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Mississippi on
Q: What type of new Deed transfers property from an Administratrix Deed in MS? After Death, but with Judge's Orders?

Because i still need to transfer title after filing Affadavit To Heirship(?)

THANK YOU!!!

James L. Arrasmith
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answered on Jan 13, 2024

To transfer property in Mississippi from an Administratrix Deed after someone's death with the judge's orders, you typically need to use a Quitclaim Deed or a Warranty Deed, depending on the circumstances.

First, ensure that you've filed the Affidavit of Heirship as required...
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1 Answer | Asked in Civil Rights, Land Use & Zoning and Real Estate Law for Mississippi on
Q: My father owned 160 acres of land in Mississippi. I have the deed. Racial discrimination ran us off of it. Wht can I do?

My uncle was shot and killed, and they tried to kill my dad and my brothers. So we had to pack up everything and leave. Our neighbors just didn’t want black neighbors at the time. This was around 1950 ,but I still have the deed.

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answered on Jan 10, 2024

Your situation is deeply troubling and highlights a painful part of history. Holding the deed to the land is significant, as it establishes a legal claim. First, you should confirm the current status of the property. This can be done by checking the latest property records in the county where the... View More

1 Answer | Asked in Real Estate Law for Mississippi on
Q: Can I sue previous home owners for not disclosing information about a HOA. They didn't tell us that it existed

The home sits on a lake at the back of a cul de sac. The lake is accessible to those who live on it, and we are expected to pay annual dues. ($250) The HOA stated that the previous home owners did not pay dues because he stated they were remodeling the house.

Anthony M. Avery
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answered on Jan 8, 2024

Maybe but you should have searched the title prior to purchase. The property stands for the HOA fees, so you lose property if the encumbrance not paid.

1 Answer | Asked in Tax Law and Real Estate Law for Mississippi on
Q: I am an unmarried spouse surviver, disabled more than 65 years old I own less than an acre of land, do I Have to Pay tax

How do i get the answer?

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answered on Jan 8, 2024

As an unmarried, disabled individual over 65 owning less than an acre of land, your tax obligations depend on various factors, including the location of the property and your income. Property taxes are generally levied by local governments, and the rules can vary significantly from one jurisdiction... View More

1 Answer | Asked in Real Estate Law for Mississippi on
Q: What practice area covers loud and raucous noise from neighbor?

Looking for legal advice for disruptive loud and raucous noise coming from neighbor's property in close-quarter living conditions. What practice area of law should I reach out to in order to act on this?

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answered on Jan 5, 2024

For issues related to loud and disruptive noise from a neighbor, you would typically look into attorneys practicing in the area of real estate or property law. These legal professionals often handle disputes between neighbors, including noise complaints and other nuisances.

In some cases,...
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1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Mississippi on
Q: Would this be a break in the Title Chain?

I completed a sale contract as a buyer with my realtor to buy a home from the seller who had a broker. In the contract I request both my sister and I to be on the warranty deed. Signing the Closing Disclosures I was the only one listed as borrower, no Co-Borrower. My Sister signed a non applicant... View More

Anthony M. Avery
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answered on Dec 18, 2023

The Deed of Trust has nothing to do with the Title. Somebody thinks your Sister is either a tenant in common, an occupant or a notemaker. So they required her signature also on the TD. If wrong, you should not have executed the transfer.

1 Answer | Asked in Real Estate Law and Libel & Slander for Mississippi on
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... View More

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answered on Nov 15, 2023

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... View More

1 Answer | Asked in Real Estate Law for Mississippi on
Q: Purchased mobile home and property in MS. Have bill of sale. Can't contact seller to get title on mobile, what can I do

I have deed on property

T. Augustus Claus
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answered on Oct 25, 2023

If you've purchased a mobile home and the associated property in Mississippi but haven't received the title for the mobile home, there are several steps you can take. Firstly, ensure you maintain all relevant documents, including the bill of sale and the deed for the property. Continue... View More

1 Answer | Asked in Real Estate Law for Mississippi on
Q: What can I do to sell a house and some land if one of three co-owners doesn’t want to sell?
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answered on Oct 18, 2023

In Mississippi, if one of three co-owners doesn't want to sell a jointly-owned property, you can initiate a partition action in court. This legal process can compel the sale of the property, with the proceeds distributed among the co-owners. For personalized legal advice tailored to your... View More

1 Answer | Asked in Estate Planning, Family Law, Land Use & Zoning and Real Estate Law for Mississippi on
Q: Can my father sell his partitioned land that he inherited from his parents through a reserved life estate to his sister?

My father inherited 10.13 acres of land from his parents through a reserved life estate and my sister and I were to inherit the land after his death but instead without our knowledge he sold it to his sister. What rights do I have at this point and what should I do, is what he done even legal in... View More

Anthony M. Avery
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answered on Oct 5, 2023

I think that you have the title a little mixed up. Hire a MS attorney to search the title and then advise you of the status. He probably can sell his estate in the land.

1 Answer | Asked in Estate Planning, Family Law, Land Use & Zoning and Real Estate Law for Mississippi on
Q: Can my father sell his partitioned land that he inherited from his parents through a reserved life estate to his sister?

My father inherited 10.13 acres of land from his parents through a reserved life estate and my sister and I were to inherit the land after his death but instead without our knowledge he sold it to his sister. What rights do I have at this point and what should I do, is what he done even legal in... View More

Anthony M. Avery
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answered on Oct 5, 2023

Were you and your sister the remaindermen on his Deed? If not, then you probably had no title interest in the land. A promise to Will Devise is not enforceable.

1 Answer | Asked in Real Estate Law and Tax Law for Mississippi on
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... View More

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answered on Sep 22, 2023

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... View More

1 Answer | Asked in Real Estate Law for Mississippi on
Q: Me and my mother are trying to transfer her property to my name

We were told we needed to speak with an attorney to get a quit claim deed finalized because all they do is record it and it doesnt make it legal.

Anthony M. Avery
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answered on Sep 21, 2023

Hire a MS attorney to search the title and draft the Deed. Your Mother needs to decide exactly what she wants to do, which may involve a life estate for her, etc. Do not do this yourself.

1 Answer | Asked in Real Estate Law and Estate Planning for Mississippi on
Q: On a life estate does the remainderman have to be named on the life tenants homeowners policy.
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answered on Sep 11, 2023

Policyholder and insurance carrier can contract either way. But the remainderman is the one potentially loosing the house itself. Life tenants lose use and probably personal property. Usually life tenants pay for policy which insures both estate holders.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: One abandoned home is on a gravel road to our private cemetery. Can we have the road name changed? Wr maintain the road.

We keep the road, trim the bushes and mow the yard.

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answered on Aug 2, 2023

You probably need to petition your County Commission, or your County Executive.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: Do I need a deed for property obtained through intestate succession? In Mississippi.

My dad passed away w/out a will. We’ve done the succession and estate is closed. We haven’t been named as owner on a deed/title. Attorney working case said there would be no deed. I want to know how I get mine and my siblings names listed on deed.

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answered on Jul 18, 2023

You might have an attorney determine heirship and record an Affidavit of Heirship as the heirs source of title. Your deceased Father cannot convey to you now.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: I am a 72 yr. Old Veteran and the man I bought my home and land fron 11 yrs. Ago is trying to steal land . I need help !

This man has told lies about taxes and has had deed changed without my permission !

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answered on Jun 1, 2023

Hire a MS attorney to search the title and sue appropriate parties for Quiet Title. A Notice Lis Pendens might need to be issued also. You will not be able to do this yourself.

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