23 Nov Mississippi Adverse Possession Laws
To be an unfavorable owner of a property, you must live and use the property openly, obviously and really. This ownership must be exclusive and uninterrupted for as many years as required by state law, which is 10 years in Mississippi. In addition, your property must be “hostile” to the rights of landowners, for example, if the owner has given you permission to stay on the property, you cannot successfully own the land. One of the property-related issues that can arise in probate proceedings is called harmful possession. Negative ownership is a feature of the law that allows a person to acquire ownership of land from another person by retaining ownership of the land for an uninterrupted period of 10 years or more. § 15-1-13 Ten years of opposing possession gives titles; Exceptions. The intruder must be the sole owner of the land. You cannot share the property with other squatters, the landlord, strangers or tenants. Actual possession requires the intruder to be physically present on the property and treat it as if it were the owner. There are several ways to determine this, including documenting the embellishments or maintenance performed by the squatter. Planting flowers or cleaning up debris (as mentioned earlier) is an example of actual land ownership. As mentioned earlier, a neighbor can own some of the land.
As of July 1, 1998, Mississippi law requires the squatter to file a notice with the clerk of the Chancery Court stating that the driveway or fence was constructed without the permission of the landowner. If this notice is not filed with the clerk of the court, it does not provide sufficient evidence that the property was unfavorable (Mississippi Code 15-1-13). Land use must not only be harmful, but also open, well-known and visible. There can be no opposing property if someone secretly uses the land. A squatter can also claim the color of title after a successful negative property claim. Today, nonprofits in various states have tried to use the rights of squatters as a legitimate way for individuals to own property. In places like California and Chicago, nonprofits use these laws to help the poor appropriate uninhabited property. In this state, a squatter is anyone who occupies an uninhabited house or property without permission. In many cases, this person may believe that they are a legitimate tenant. There are many nonprofit agencies across the state that are known to teach people how to use unfavorable property laws in their favor, and there are scammers everywhere who trick individuals into signing fake leases and paying rent for those fake leases. After the squatter was evicted voluntarily or by the sheriff, he may have left personal property behind.
Mississippi doesn`t have a law that specifically tells landlords what to do with it, but it`s generally considered a good idea to contact the squatter and let them know they have a reasonable amount of time to get their property back. However, if the judge concludes that the landowner is granted exclusive ownership of the property, he or she may immediately dispose of the personal property without further notice or legal action. On appeal, the Mississippi Court of Appeals reviewed the lower court`s decision regarding harmful possession. The court concluded that the landowner of the disputed property could not believe that the presence of the owner on the property was permitted, so possession could be considered hostile. In this case, the former owner of Dale and Wimse`s property had given Ms. Niebanck permission to ride a horse on his property. This made the occasional use of their property by the Niebancks permissive and not hostile. The most common use that gives rise to an adverse property claim is living on the property. Otherwise, a landowner must go through a legal eviction to remove the squatter. Any attempt to evict the tenant himself, whether by changing locks or shutting down utilities, is illegal and may expose a landowner to eventual litigation.
The first element that must be proven by clear and convincing evidence is the claim of ownership. A person cannot intend to own someone else`s property. The “claim of title” must exist at the beginning of the legal ten-year period. The Niebancks claimed that their ownership was overt and notorious, based on the fact that there was an old barbed wire fence north of their current demarcation line. Previous cases have said that if a fence surrounds the property for a period of ten years or more, ownership of the property passes to the opposing owner, even if the fence is dilapidated.  In the United States, there are five different legal requirements that the squatter must meet before they can negatively claim ownership. The profession must be: It is important to arm yourself with good legal knowledge to prevent anyone from making a claim against your property. For more information, see Mississippi Code §§ 15-1-7, 15-1-13, 15-1-15, 29-3-7.
Negative property laws were enacted by the Homestead Act of 1862. These laws allow individuals to take possession of a particular piece of land if they have lived on it for a period of time, have done so publicly, have made improvements to the property and generally have a deed of ownership and have paid rent or property taxes on that property. If the owner has not paid taxes, a squatter can acquire title over a period of 5 years. After the tax sale, 2 years must pass. After that, a squatter must own the land according to the laws of real ownership (he must be physically present) for 3 years. Then they can buy the stock. This is considered a valid title color under Mississippi law (Miss. Code Ann. § 15-1-15).
The two neighbors responded to Niebancks` letter by asking to remove the fence and return their use of the property.