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Mississippi Real Estate Law Questions & Answers
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
Anthony M. Avery 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... Read more »

Arthur Calderon
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: 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 and... Read more »

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

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.... Read 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
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
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 i... 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 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
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... Read 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
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
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... Read 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
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.

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