Effective July 1, 2020, Mississippi adopted the Uniform Partition of Heir Property Act (the “Act”). The effect of the Act is to give a court (and parties appearing before the court) very specific guidelines for having property partitioned. There are two types of partition – – by sale and in kind. Partition by sale means [..]
We previously wrote here about the elements of an adverse possession claim. In this post, we discuss the concept of “tacking”. The ten year requirement. As we previously wrote, the doctrine of “adverse possession” refers to the ability acquire legal ownership of land belonging to someone else by simply using that land for at least [..]
We previously wrote here about the elements of an adverse possession claim. One of those elements is called “claim of ownership.” In this post, we go into more detail about what is, and is not, a claim of ownership. Proving that possession began under a “claim of ownership.” Exactly what does that mean? Some examples [..]
We previously wrote here about adverse possession and the factors that must exist to adversely possess land of another. Today, we address the “hostile or adverse” factor and the impact of permissive use. As we previously wrote, before a person can acquire legal title to land by adverse possession, his use of the property must [..]
Improvements to Real Property – when payment is due. Section 87-7-3 of the Mississippi Code applies to all payments due to a contractor under all construction contracts (excluding public construction contracts). With respect to partial, progress or interim payments, they must be paid whenever the parties’ contract says they are due. If such payments are [..]
Have your property taxes been sold? The tax sale process Like many other states, Mississippi counties collect property taxes. The county holds a local overbid auction to sell delinquent property taxes to investors. This is an efficient way for the county to continue to stay above water, and for investors to obtain a solid investment [..]
It has become increasingly commonplace for a subdivision to be subjected to a set of protective covenants (also referred to as restrictive covenants). The usual process involves a developer of a subdivision recording a set of covenants in the land records at the very beginning of the development. Then, when lots or houses are sold, [..]
For most people, the purchase of a home is the largest purchase they will ever make. Buying a home and then discovering defects can have serious ramifications. So, what options are available to you? The New Home Warranty Act In Mississippi, the buyer of a home can pursue a builder under a number of legal [..]
Note: This article applies to rent paid on residential property such as apartments and homes. Different rules apply to commercial property. Mississippi’s Residential Landlord and Tenant Act. This Mississippi Residential Landlord and Tenant Act (the “Act”) can be found starting at Section 89-8-1 of the Mississippi Code. The Act covers many issues between a landlord [..]
As we all know, in Mississippi, a landowner must pay property taxes each year. Yet, there are times when someone else is paying the taxes instead of the owner. For example, someone may pay the taxes to help out a family member. Or, someone who is renting the land may pay the taxes so that [..]
Madison County Bar Association
