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What happens after adverse possession is established?

July 19, 2025

The "automatic" nature of adverse possession.

We previously wrote about the elements of an adverse possession claim. Today, we discuss the effect of adverse possession after all of those elements have been met.

 

For purposes of this post, let us assume Party A has done everything required by law to have adversely possessed a tract lying within the legal description of Party B’s deed.

 

No further action is required of Party A to become the owner of the tract.

 

“It is well-settled Mississippi law that once the elements of adverse possession have been satisfied, a full and complete title is vested in the adverse possessor.” Taylor v. Bell, 87 So. 3d 1134, 1138 (Miss. Ct. App. 2012).

 

Thus, Party A is not required to file suit to confirm its title, nor is it required to file anything in the land records claiming title. (These actions can certainly be beneficial, but they are not required.)

 

After the elements of adverse possession have been met, Party A’s title is not lost merely by acknowledging Party B’s claim to the tract.

 

In Taylor v. Bell, the Bells (Party A in this scenario) adversely possessed a tract belonging to Freeman (Party B) for over 10 years. Later, the Bells offered to buy the tract from Freeman. That fact was irrelevant.

 

The Taylor court held: “Once title has been acquired by adverse possession, it is not relinquished merely by the new owners indicating a belief in the former owner's title,” and “an offer to pay for land after an adverse possession title has ripened is not a disclaimer of title.”

 

Panter Law Firm, PLLC

7736 Old Canton Road, Suite B

Madison, MS 39110

601-607-3156

 

Posted July 19, 2025