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Mississippi Real Estate Law Questions & Answers
1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Business Law for Mississippi on
Q: In biz when policy/procedures (rules/regs) are written, "reasonable" must be defined or examples given. Why not here?

I can't see if this question is linked to the topic I was researching. It concerned cemetery law. 2013 Mississippi Code, Title 41 - PUBLIC HEALTH, Chapter 43 - CEMETERIES AND BURIAL GROUNDS, CEMETERY LAW

§ 41-43-47 - Cemetery rules and regulations

Randall R. Saxton
Randall R. Saxton answered on Apr 28, 2021

In law, reasonableness is subjective and dependent upon the particular circumstances and people involved, so cannot be broadly defined.

1 Answer | Asked in Estate Planning and Real Estate Law for Mississippi on
Q: My mother is leaving me her house after she passes. The warranty deed right now shows her as the grantee and me as the

grantor. Is that not backwards?

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 21, 2021

Sounds like she was the grantee when she bought the house. A new deed from her to you would have her as the grantor. Does she have a will, stating her intentions?

1 Answer | Asked in Real Estate Law for Mississippi on
Q: I live on in a subdivision, called Hearns Circle, in which make a circle drive, the new land owner, opened a restaurant

I ask them not to block my drive, and the next day there is a chain across my drive, I lived here 25 yrs.... As well I had a drive put in off the main highway can they legally block that part of the drive

Anthony M. Avery
Anthony M. Avery answered on Apr 5, 2021

Hire a competent attorney to search both titles. There may be an express Easement of record, or you should have an Easement By Prescription. In the latter case, you will have to file suit to have the Easement declared in force.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: Brother in law passed in 2016 with deed in his name only. Other vacant property both names.Sister died 2021 . I'm nok

No children together he has several illegitimate children. What happens now? Do not want probate

Anthony M. Avery
Anthony M. Avery answered on Mar 8, 2021

You may or may not be an heir of your Sister. Hire an attorney to conduct title searches, then determine heirship. Then have a knowledgeable Affiant make an Affidavit or Heirship, which is to be recorded. Keep in mind the other heirs may not wish to convey their interests over to you. An... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Mississippi on
Q: Before passing, my father transferred his property with a warranty deed to the man who lived in his home with him. This

man has also passed leaving a wife. Her name is not on the warranty deed but she has agreed to sign property over to me. How can this be done easily? Also there is a lien in my father's name against property.

Steven J. Fromm
Steven J. Fromm answered on Nov 17, 2020

Well it can be done but probably not easily. The wife is actually making a gift to you since it is her property to deal with as she wishes. A deed would transfer the property back to you and there would have to be a release of the lien. You should get with a real estate attorney who can... Read more »

1 Answer | Asked in Real Estate Law for Mississippi on
Q: If one heir decides to sell a piece of heir property without Consent from other heirs Will he/she need permission.
Anthony M. Avery
Anthony M. Avery answered on Oct 22, 2020

That heir will need to file a Partition Action for the Court to sell the property, then distribute the net proceeds to the heirs/tenants in common. He could sell his individual share but most purchasers would pay very little for it.

1 Answer | Asked in Estate Planning, Intellectual Property, Probate and Real Estate Law for Mississippi on
Q: If A will hasn’t been probated can the estate / property be sold
Anthony M. Avery
Anthony M. Avery answered on Oct 6, 2020

Most decedents die intestate. As such their heirs-at-law take the real property at death, and the next-of-kin take the personal property. If a Will is not Probated it has no effect. A recorded Affidavit of Heirship should be the source of title for the Decedent's relatives. If a buyer... Read more »

1 Answer | Asked in Real Estate Law for Mississippi on
Q: I purchased one acre of land in 2006. I recently found out by receiving a monthly garbage bill that their is a house

my land. Do I have any rights to the home on my property? The land was purchased in Sturgis, Ms.

Anthony M. Avery
Anthony M. Avery answered on Oct 5, 2020

If you own the real property, you also own any improvements on it. If it is a mobile home with wheels, it is not a fixture. Hire someone to check the property out, such as an attorney. An eviction may be in order, and you need to examine the property tax card on this parcel.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: House built years ago not on our property

Parents owns several hundred acres .we built house and sheds on it . 25 years they draw up land lines to show who gets what. turns out the corner of house and shed are on sisters part . Parents won’t change it. What rights do we have

Anthony M. Avery
Anthony M. Avery answered on Aug 7, 2020

If the Parents have not executed Deeds then you still own nothing. Once you have a Deed then you need to get a Boundary Line Agreement (to be recorded) with your Sister. There will be a cloud on both of your Titles, so it will inure to both Parties benefits to establish the Boundary of record.... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Mississippi on
Q: a piece of property is left in the estate of a parent that is now deceased and split between the wife and 4 children.

If one of the children passes away before the property is split and they have a lien for medical bills, do they siblings inherit that debt or the children? and Do the children inherit that siblings portion of the property?

Anthony M. Avery
Anthony M. Avery answered on Jul 16, 2020

The possible medical care Lien is against the property, not the Heir's At Law. It is not their personal obligation, but could be executed against the land or the Estate of the Decedent who incurred the medical bills. And the children will take by representation of the deceased sibling. You... Read more »

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 Estate Planning, Real Estate Law and Probate for Mississippi on
Q: How can I legally purchase property that I have maintained for over 10 years?

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... Read more »

Anthony M. Avery
Anthony M. Avery 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.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: My daughter owned a house and told me I could stay as long as I wanted.She left and while gone sells the house. Now What
Anthony M. Avery
Anthony M. Avery 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.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: House left by their parents. No one has lived in it for years. Can we quick deed or call it abandoned. It is torn apart

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... Read more »

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

1 Answer | Asked in Real Estate Law for Mississippi on
Q: I am giving my house to one of my children. No money will be exchanged. How do I go about getting the deed in his name?
Anthony M. Avery
Anthony M. Avery 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... Read more »

1 Answer | Asked in Real Estate Law for Mississippi on
Q: Need legal advice on property after someone passes away without a will or estate.

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... Read more »

Arthur Calderon
Arthur Calderon 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... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Mississippi on
Q: What is the ejectment process and time for an occupied property in Mississippi acquired through a tax deed

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

Randall R. Saxton
Randall R. Saxton answered on Feb 24, 2020

In Mississippi, most property owners get two years after the sale to redeem the property.

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... 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!!!

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