Get free answers to your Real Estate Law legal questions from lawyers in your area.
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
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
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
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.
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.
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
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
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
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
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
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
answered on Feb 24, 2020
In Mississippi, most property owners get two years after the sale to redeem the property.
Defendant filed answer pro se in Mississippi Chancery court. This is a case of encroachment -- house built partly on defendants land.
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.
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
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.
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
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
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!!!
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
answered on May 10, 2019
Maybe yes, maybe no.......but what is your point in reciting these "facts" about Mississippi?
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.
We were told he would have to be married. Isn't that discriminating ? We are just shocked. He has cash, no financing
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.
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
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.
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.
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
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?
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.
I actually only owe $28
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
answered on Jul 29, 2018
Answering you from a New York perspective, yes you may, as to your undivided 20% interest.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.