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Mississippi Real Estate Law Questions & Answers
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
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.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Probate for Mississippi on
Q: If my boss also my landlord of 8 years dies and I can't find my rental agreement lease can the deceased heir evict me?

I worked and rented from the deceased 8 years. I was allowed to stay in the rental house in exchange for work or $300. It varied. I was told I could stay as long as I would like. Well, after he died, the son turns my water off without my knowledge. It was in deceased name, but it was furnished.... Read more »

Baskin Lowber Jones
Baskin Lowber Jones answered on May 7, 2018

You can ask them to show you a copy of the lease.

Many leases have a provision that allows termination after some period of time (often a year) and with some amount of notice (often 30 days). Your lease could have been written differently, you could pay the monthly rent and/or show the...
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Mississippi on
Q: This is a question about rental property

I previously removed myself from a place my brother and I were renting with another roommate after issues with the roommate and our neighbors. My brother currently resides in the rental trailer and he had to go and grab something from inside (with me in the car, not stepping foot outside.) The... Read more »

Arthur Calderon
Arthur Calderon answered on Apr 7, 2018

Perhaps, particularly if the landlord informed you that you were not to come back on the premises, which is any of the property owned or managed by the landlord.

1 Answer | Asked in Collections, Contracts, Landlord - Tenant and Real Estate Law for Mississippi on
Q: hired a realty company to manage property and they didn’t pay utilities, do a walk through or collect security deposit.

Shouldn’t they be responsible for upholding their end of the contract? I’m out of pocket paying for repairs and now I find out the electric bill wasn’t paid the last two months of the tenets occupation of the property. They don’t want to take any responsibility or pay the bills that are... Read more »

Arthur Calderon
Arthur Calderon answered on Apr 4, 2018

Assuming that you have a valid contract, because the company has failed to adhere to the terms of that particular contract, you may be able to terminate the contract, especially if they continue to be unwilling to follow it. If the company received funds that were supposed to be allocated to paying... Read more »

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 Real Estate Law, Divorce and Probate for Mississippi on
Q: How do I get my name off home loan. We devorced he passed away and his son has house.
Arthur Calderon
Arthur Calderon answered on Mar 4, 2018

You likely need to consult an attorney on this one, so that they can get some additional information. The first question that I have is whether the divorce decree stated who got the house, and who was responsible for the mortgage on the property. That naturally leads into the second question, which... Read more »

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 Real Estate Law for Mississippi on
Q: If I have property under a normal realtor contract,

and a potential buyer comes to me without going through a realtor....Can I sell it to that buyer without paying the realtor a commission?

Baskin Lowber Jones
Baskin Lowber Jones answered on Feb 1, 2018

Likely no. Some contracts and realtors allow for exceptions when you first sign up with a realtor or if you explain how and why the sale came from a separate source. It may be worth it to ask the realtor if the sale is from some other source.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Mississippi on
Q: In the state of Mississippi does a person get ownership of a piece of property that was left to him in a will.

My dad and his wife had a loan together and they put all the properties up to secure the loan. Of those properties 3 of the properties are in my late dad's and wife's name. Which would easily pay the loan off. Would the properties that were left to me have to go up for sale as well? Or... Read more »

Randall R. Saxton
Randall R. Saxton answered on Jan 24, 2018

A probate case would have to be opened to transfer the property to you.

1 Answer | Asked in Estate Planning and Real Estate Law for Mississippi on
Q: Want to set up a trust so land can't be sold, only passed to family members in Mississippi. What do I need for this?
Randall R. Saxton
Randall R. Saxton answered on Jan 16, 2018

You should contact an estate planning attorney to help you set up a trust.

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 Real Estate Law for Mississippi on
Q: We are in the processing of going to court to see if the judge will rule we can sale land inherited in Mississippi,

One brother is contesting the sale. Another brother just

Died, are we still going to be able to sell and have the

deceased brother amount put in an estate acct for him

Baskin Lowber Jones
Baskin Lowber Jones answered on Oct 4, 2017

If you inherited the property the judge can order a division sale where the inheritors receive payment based on what they own. It may be helpful to hire a Mississippi attorney to address this issue.

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 Personal Injury and Real Estate Law for Mississippi on
Q: Is it possible to sue the volunteer fire department if they were in the wrong

On Saturday January the 14th I had a house fire, we put the fire out before the fire dept. arrived, when the fire dept. did arrive they went in the house took a fan in to blow the smoke out and cleared us to go in said fire was out and everything was fine, my fiance, our 4 kid's, and myself... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 23, 2017

Go with the homeowners, let them take care of it. 1) very tough to prove they left it be; likely they don't have heat sensing equipment and did what they could to check. 2) you left, so you're saying they should have watched? 3) you live there--you may need them.

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