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Mississippi Land Use & Zoning 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.... Read more »

Anthony M. Avery
Anthony M. Avery 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... Read 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... Read 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... Read 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... Read more »

Arthur Calderon
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
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... Read 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
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.

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... Read 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.

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