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Mississippi Real Estate Law Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Mississippi on
Q: I own the land, but a house was already there when I purchased the land. Who owns the house?

I purchased a property in the land tax sale. I have paid all the taxes up and have my deed. There is a house on the property that was not assessed during the land sale. The people who live there have a deed for the vacant lot next to mine, but the house they live in is on the land that I purchased.... View More

Anthony M. Avery
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answered on Jun 24, 2020

Probably not. They probably own both tracts by adverse possession under color of title. You should have performed a title search prior to purchase. And tax sales are notorious for sometimes conveying nothing, as there are no real covenants of title. With tax sales, you always need a competent... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Mississippi on
Q: How can I legally purchase property that I have maintained for over 10 years?

The property is heir property and the owner would sell it, but believes all heirs would need to be involved(3 total). The owner has been the only heir involved at all with this property and has paid the taxes on it for at least 11 years. This piece of property joins to mine and I’ve maintained... View More

Anthony M. Avery
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answered on Jun 16, 2020

Hire a competent attorney to first conduct a title search. Then he needs to determine heirship and record it with an Affidavit of Heirship. Finally get a Deed executed by all Heirs At Law over to you. They may demand some monetary consideration.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: My daughter owned a house and told me I could stay as long as I wanted.She left and while gone sells the house. Now What
Anthony M. Avery
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answered on May 15, 2020

The grantee owner takes subject to your possession. He will have to file and prosecute a suit to evict you. Ultimately the owner will recover possession, so start looking for another place to live unless you obtain a lease to rent from the owner.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: House left by their parents. No one has lived in it for years. Can we quick deed or call it abandoned. It is torn apart

The entire house has to be gutted out. There are 14 siblings. How can we take full ownership by quick deed or filing house abandoned. Walls have to be torn down. Bath tub commode sinks and cabinets have to be replaced. We want to fix it and move in but not sure since so.many have rights do what can... View More

Anthony M. Avery
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answered on Apr 30, 2020

Hire a competent attorney to conduct a title search and determine heirship. Then draft a deed for the other heirs to convey their interests to you as the fee owner. Also you need to check the taxes, as a tax sale might be in the works. If there was a mortgage, then foreclosure might be imminent... View More

1 Answer | Asked in Real Estate Law for Mississippi on
Q: I am giving my house to one of my children. No money will be exchanged. How do I go about getting the deed in his name?
Anthony M. Avery
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answered on Apr 21, 2020

Hire an attorney to draft the Deed from you as grantor to your child as grantee. It can be a Quit Claim Deed or a Warranty Deed. If there have been no title problems, go with the cheaper to record Quit Claim Deed. You might wish to consider retaining a Life Estate, with the Remainder going to... View More

1 Answer | Asked in Real Estate Law for Mississippi on
Q: Need legal advice on property after someone passes away without a will or estate.

Need legal advice. Parent passed and left 4 children without a will. The eldest was unable to attend to matters after the parent passed and left another sibling to manage affairs. Now the sibling left to manage property is unable to keep up with property taxes and subject to miss payments and lose... View More

Arthur Calderon
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Arthur Calderon
answered on Mar 22, 2020

Unfortunately, without setting up an estate for your parent, there is not a whole lot that can be done. Your best bet is going to be to get with an attorney sooner rather than later, so that the lawyer can set up an estate, appoint someone to manage the estate, and facilitate transfer or sale of... View More

1 Answer | Asked in Real Estate Law and Tax Law for Mississippi on
Q: What is the ejectment process and time for an occupied property in Mississippi acquired through a tax deed

Hi I would like to know what is the process and time for an ejectment in Mississippi State when the property is obtain through a patent from the state

Randall R. Saxton
Randall R. Saxton
answered on Feb 24, 2020

In Mississippi, most property owners get two years after the sale to redeem the property.

1 Answer | Asked in Real Estate Law and Civil Litigation for Mississippi on
Q: What must an attorney file if he is entering the case on behalf of the defendant after the defendant filed his Answer?

Defendant filed answer pro se in Mississippi Chancery court. This is a case of encroachment -- house built partly on defendants land.

Anthony M. Avery
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answered on Nov 29, 2019

Usually the lawyer files and serves a Notice of Representation. Sometimes an Amended Answer under Leave of Court is necessary, especially in a land case where the Defendant does not know what the law is.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: In Mississippi, does an entity or individual have clear title to real property by virtue of a lawful tax conveyance?

Acquired a commercial property through a tax sale legally. Pearl River County legally conveyed the property to an entity I control. Does the entity I control have clear title to the conveyed commercial property and would a title company issue an owners title policy on the conveyed property without... View More

Arthur Calderon
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Arthur Calderon
answered on Sep 14, 2019

Unfortunately, no, there will not be clear title until it is confirmed, because of the fact that the property was acquired through a tax sale.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: A neighbor is trying to sell their property claiming my private driveway as theirs in real estate discription.
Anthony M. Avery
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answered on Aug 25, 2019

That is called a Boundary Line Dispute. Hire a competent attorney to run two title searches, yours and theirs. If necessary hire a surveyor. Then if your title backs you up, file suit quickly against the neighbor, who is probably not going to be able to sell while you are trying to protect... View More

1 Answer | Asked in Real Estate Law for Mississippi on
Q: What does it mean to dereign title and how do I do it?

I am in a dispute with the owner of land adjacent to mine because he has a single-wide trailer 10' over my property line. After obtaining two independent surveys showing he was encroaching he refused to move the trailer so I obtained a lawyer and filed against him in chancery court to quiet... View More

Anthony M. Avery
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answered on Aug 25, 2019

More than likely you must prove your title going back many, many years., probably at least to a common grantor or a patent. You r lawyer should have known that. Did he even perform a title search first? It does not sound like it, and you are pretty much back at square one. Good Luck!!!

1 Answer | Asked in Gov & Administrative Law, Contracts and Real Estate Law for Mississippi on
Q: Does a State maintain sovereignty in the absence of a physical boundary?

The US Supreme Court has consistently held that a State has no sovereignty or jurisdiction beyond the limits of its physical boundary.

The physical boundary of the State of Mississippi was described in the State's Constitution. However this boundary was specifically repealed in 1990.... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 10, 2019

Maybe yes, maybe no.......but what is your point in reciting these "facts" about Mississippi?

1 Answer | Asked in Real Estate Law for Mississippi on
Q: When two people own land in Mississippi and one passes away who is entitled to that persons share in the land?
Arthur Calderon
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Arthur Calderon
answered on Apr 13, 2019

It really depends on how the original deed was set up. On one hand, it could all go to the survivor; however, the deceased's share should pass to that person's heirs.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: We have just been informed that our 18, year old son cannot purchase a piece of land in Mississippi unless he is married

We were told he would have to be married. Isn't that discriminating ? We are just shocked. He has cash, no financing

Arthur Calderon
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Arthur Calderon
answered on Feb 4, 2019

There is nothing in MS law that requires a party purchasing land to be married. It wouldn't necessarily be discrimination, unless it was due to something along the lines of race, gender, nationality, etc.

1 Answer | Asked in Estate Planning, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Mississippi on
Q: My mother died 6 years ago;she has 2 acres;a cottage on it which is both in her name only. what legal steps do I take?

she had a husband and us three kids she left behind . Her husband which is my step father passed away a couple months ago. I'm trying to figure out whose names it should all be in, what are the best legal steps to take . Also my step father has two other children , that are not my moms. Would... View More

Arthur Calderon
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Arthur Calderon
answered on Dec 19, 2018

It would really depend on how the deed was set up. Regardless, it sounds like you may need to consult with an attorney to discuss opening up an estate to handle your mother and step-father's affairs.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: Can a buyer back out one week before a closing based on a rumour told by another homeowner in the area?

Rumor is about the community lake being drained even though it is owned by the state and has been confirmed by the state that it will not be drained.

Arthur Calderon
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Arthur Calderon
answered on Nov 4, 2018

Likely not, unless there was a material defect or other material matter that was disclosed as part of the sale (which this may end up as qualifying). If not, then you would be obligated to purchase the home under the contract. I would recommend getting with your realtor (if you had one) or a local... View More

1 Answer | Asked in Real Estate Law for Mississippi on
Q: Mortgage Deed is showing one thing and the court house is showing another

I recently ran into an issue where the court house is showing my land is in one spot and my house is in another. The mortgage conpany is saying that it’s fine. What is the next step I should take?

Arthur Calderon
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Arthur Calderon
answered on Aug 29, 2018

That doesn't sound quite right, as the two legal descriptions should match up. It sounds like someone needs to figure out which exactly is the correct legal description, and then work to reconcile the two.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Mississippi on
Q: I have lived at hotel since March 2018 and given them almost $10,000. Can they have security just lock me out

I actually only owe $28

Arthur Calderon
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Arthur Calderon
answered on Aug 27, 2018

Unfortunately, Mississippi law distinguishes between dwellings and hotels, such that hotels are typically considered night-to-night, as opposed to the regular month-to-month circumstances for structures like apartments. In the absence of an extended lease or contract saying otherwise, the hotel has... View More

1 Answer | Asked in Real Estate Law for Mississippi on
Q: If I own real estate property with 4 other siblings, can I have a deed prepared for only my 1/5 share of the property?
Vincent Gallo
Vincent Gallo
answered on Jul 29, 2018

Answering you from a New York perspective, yes you may, as to your undivided 20% interest.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: can a person keep you out of the cemetery cause he don't want you on his land
Arthur Calderon
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Arthur Calderon
answered on Jul 17, 2018

Generally, no. The law in Mississippi establishes that cemetery, particularly family cemeteries, are generally open to descendants of those buried there.

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