Adverse Possession Law Mississippi
Adverse possession laws in Mississippi can be tricky to understand. They deal with squatter’s rights, which let someone take ownership of someone else’s property without asking, but the rules differ from one state to another.
In Mississippi, these laws are based on a time limit of fifteen years. To claim property through adverse possession here, the squatter needs to meet specific requirements: they have to keep living on the property, use it openly, pay all the property taxes, and mean to own it all by themselves.
Even if they do all that, it’s up to a court to decide if they’ve got squatter’s rights. Laws about this stuff can vary a lot from state to state, so it’s essential to do the homework as a property or land owner and understand the rules before you make any moves regarding squatter claims.
Squatting, Trespassing, and Holdover Tenants: What’s the Difference?
So, what separates squatting from trespassing? Trespassing can lead to criminal charges, but squatting becomes illegal only if the property owner says you’re not welcome there.
To avoid getting charged with a crime, trespassers sometimes try to fake their right to be on the property by showing fake documents or deeds, which is always against the law.
Now, squatters are not the same as holdover tenants. Holdover tenants are folks who didn’t move out when their lease ended. They might keep paying rent, and if the landlord accepts it, they become “tenants at will.” In simple terms, these tenants are only on the property because the landlord lets them stay, and can be kicked out anytime.
Squatters, on the other hand, can try to claim legal ownership of a property through adverse possession, but a tenant who won’t leave after their lease ends can’t do that and will be seen as a criminal trespasser.
Mississippi Adverse Possession: How Squatters Can Claim Property
Okay, here’s the deal: squatters in Mississippi can become legitimate property owners through something called “adverse possession.” But there are rules they’ve got to follow.
First off, they need to live on the property for a solid 10 years straight. No breaks allowed. Plus, they have to pay property taxes for at least two of those 10 years.
Now, if we’re talking about special “16th Section Lands,” which are usually for education, claiming them through adverse possession is even trickier. You need a valid title claim and a whopping 25 years of actually living on the land.
Once a squatter meets all these rules, they can file a claim for adverse possession. If it’s approved, they become the real deal property owner. That means no more trespassing, they’re officially allowed to stay there, and the property gets transferred into their name.
But here’s the catch: they have to satisfy five requirements:
- Continuous Possession: They must stay on the property for a solid 10 years without leaving. Also, pay taxes for two of those years.
- Actual Possession: They’ve got to use the property and take care of it like it’s theirs. Anything that shows they’ve been gardening or fixing things up helps prove this.
- Exclusive Possession: No sharing allowed. They’ve got to be the only one living there.
- Hostile Claim: Their stay has to be against the owner’s rights. Most squatters know they’re not supposed to be there, but this rule also covers folks who didn’t know they were trespassing.
- Open and Notorious Possession: It has to be clear to everyone that they’re living there. If they try to hide it, they can’t make an adverse possession claim.
What Is Color of Title in Squatters Law?
Color of title is a legal rule that can help squatters claim ownership of land they’ve occupied for a long time. To do this, they need to meet specific conditions: live on the land for at least seven years, pay taxes, make improvements, and use it exclusively.
Color of title comes into play when squatters have some official-looking document from the government, like a deed or tax bill, that seems to give them the right to the land, even if it’s not really valid. In such cases, courts might recognize their claim if they can prove their long-term occupation with other evidence.
In Mississippi, “color of title” claims are honorable, if the Squatter meets the following 5 criteria:
- The real owner doesn’t pay property taxes for five years.
- A squatter buys the property’s tax title.
- After two years of the tax sale, the squatter lives on the land (like, physically hangs out there) for three years.
- Finally, the squatter buys the property title.
So, it’s kind of like a backdoor way to become the owner if the Squatter plays by these rules.
Safeguard Your Property from Squatters
You know that old saying, “An ounce of prevention is worth a pound of cure”? Well, it definitely applies when it comes to keeping squatters away from your property. Here are some simple steps to help you out:
- Stick up some “No Trespassing” signs to make it clear folks aren’t welcome.
- Stay on top of your property taxes, so there are no openings for squatters to swoop in.
- Keep an eye on your place, fix things up, and make sure it looks lived-in.
- If you’re not into DIY property management, think about hiring a management company to take care of things.
- If you’ve got squatters hanging around already, offer them a proper lease agreement. That way, they can’t start claiming they own the place through adverse possession.
- Lock up tight. Check all the doors and windows to make sure they’re secure.
To know about how to evict squatters, click HERE.
Frequently Asked Questions
Do Squatters in Mississippi have to pay property taxes?
In Mississippi, squatters must pay property taxes for at least two of the required 10 years to claim adverse possession. Some other states don’t have this tax requirement.
Can I Call the Police about a Squatter?
When it comes to squatters, it’s best to reach out to the sheriff, not your regular local cops. Sheriffs have the right tools to handle squatter situations. They’ve got different powers compared to regular law enforcement. But if it’s a clear case of illegal trespassing, you can still tell the local police, and they’ll step in to help with the removal.
How long can Squatters stay on property in Mississippi?
To claim adverse possession, squatters need to live on the property for a decade, make improvements to it, and pay property taxes for at least two years.
