Lawyers, Answer Questions  & Get Points Log In
Mississippi Land Use & Zoning Questions & Answers
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.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Estate Planning and Land Use & Zoning for Mississippi on
Q: Hello, what is the process to heir property in MS??

Currently there are 3 siblings, we agree to have the land placed in the youngest name. However, now we need to know how to have the property in all of ours name in case she gets married.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 25, 2023

Apparently the heirs have not come to an agreement. Hire a MS attorney to search the title, determine heirship, and either draft a deed according to your wishes or sell the property.

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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Consumer Law, Foreclosure, Land Use & Zoning and Real Estate Law for Mississippi on
Q: if we are paying a mortgage are we suppose to be listed in public records as the owner?

i was looking at my appraisal documents and it has some other people as owners in public record.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2022

Just because you are paying the Note does not make you a titled owner of land. Hire an attorney to search the Title and determine ownership.

1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning and Real Estate Law for Mississippi on
Q: What do I do if people are living on land I purchased from the state?

I received my patent for tax forfeited lands. I went to visit the property and was told by neighbors. People who were living there appeared a year ago with paperwork saying they owned the land. There is little information on what to do next. I was told by sec of state office, my patent is the only... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jan 9, 2022

From the looks of it, you may need to consider getting law enforcement involved to effectively escort the people off of the land. Assuming that they have no legal interest in the property, then they are trespassing.

1 Answer | Asked in Land Use & Zoning for Mississippi on
Q: If your the owner of private property can police sit on your land and make a arrest or hand a ticket without owners perm
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Dec 3, 2021

Can the officer just sit there waiting on other people to drive by? Likely not. Typically, they should remain on public property. That being said, if they pursue someone onto private property, then they are allowed to go onto the private property.

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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

1 Answer | Asked in Land Use & Zoning for Mississippi on
Q: Can george county Mississippi be held liable for erosion of my private property

I constantly struggle with my driveway washing out because of the poorly designed county road the water comes off the road goes straight down my drive washing it out every good rain in tired of spending my money they have no ditches or drainage in place can I hold them legally responsible for the... View More

Tim Akpinar
Tim Akpinar
answered on Nov 22, 2019

Probably not. It does not appear to be an action in which you'd want to invest time and money. If the county road does not have features that suggest negligence in its design or construction, it would appear that there really wouldn't be a strong case there. A county road is not going to... View More

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
PREMIUM
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 Land Use & Zoning, Probate and Real Estate Law for Mississippi on
Q: She died without a will and I have been living in the land all my life.

If I don't pay the taxes, can I then get the land like that?

Baskin Lowber Jones
Baskin Lowber Jones
answered on Mar 23, 2018

Likely not. Contact a local family law attorney to discuss your options, and how the property could/should be handled in an estate.

1 Answer | Asked in Estate Planning, Land Use & Zoning and Probate for Mississippi on
Q: I know for sure there are other heirs been this is my great grandma land. Will it be possible to still get it in my name

I have live on the land my whole life and have been paying the taxes.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 21, 2018

Possibly, depending on whether there is a will or your great-grandmother died intestate (without a will). You will likely need to consult an attorney to determine whether ---and to what extend--- you may have an ownership interest in the property.

1 Answer | Asked in Estate Planning, Elder Law and Land Use & Zoning for Mississippi on
Q: We wanted to leave our land and store to our grand-daughter, under the condition that it's not sold.

How do we go about leaving the land and the structures on it to our deceased son's daughter in our will (and makes sure our grand-daughter is going to keep it) over our daughter with this condition in place? Our daughter will attempt to take it from her and then sell the land as soon as we... View More

Randall R. Saxton
Randall R. Saxton
answered on Mar 8, 2018

Yes, you can set up a trust to transfer the assets into with your desired stipulations.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Mississippi on
Q: after title search shows property belong to dead fathehow can I live in the housefather has 3 living kids and 3 dead,

want to leave deed in fathers name

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 13, 2018

This is a tricky one. WIth there being multiple potential heirs, you would need to consult an attorney to discuss legitimatizing the heirs, and then determine the best course of action to ensure that the title to the house is straightened out.

1 Answer | Asked in Land Use & Zoning, Real Estate Law, Tax Law and Foreclosure for Mississippi on
Q: I have a tax lien on several properties in Mississippi that i purchased from an auction; how can i own these parcels?

A couple of the properties are 3 years behind on taxes. What steps can I take to own them? If one of the houses are abandoned, can I file some paperwork and do some work to become the owner? I am the only lien holder on a couple and there's a couple lien holders on the others.

Baskin Lowber Jones
Baskin Lowber Jones
answered on Dec 21, 2017

Alcorn county has put up valuable information on Tax Sales and redemption of property in Mississippi.

http://www.alcorncounty.org/taxsale.aspx

1 Answer | Asked in Personal Injury, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Mississippi on
Q: what can I do ab onoxious neighbors and their kids being up and loud and 1am or later?? it's getting out of hand.
Peter N. Munsing
Peter N. Munsing
answered on May 29, 2017

The township or police can be called. It's difficult with neighbors as they can take things personally. I have no magic answer.

1 Answer | Asked in Land Use & Zoning for Mississippi on
Q: Can a neighbor claim adverse possession of my property if I built a fence several feet inside the property line?

I have a survey 7 months old, by a licensed surveyer which shows my actual property line, with metal rods located in the 4 corners. We erected the fence and it doesn't enclose a yard, it was privacy between the 2 yards. The fence does not go all the way to the street. There is clearly a... View More

Charles Snyderman
Charles Snyderman
answered on May 26, 2014

The answer to your question is "no." Here's a link to a case that discusses adverse possession.

http://courts.ms.gov/Images/Opinions/CO74912.pdf

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.