Summary of Adverse Possession in Mississippi
- What is one major requirement to gain property through adverse possession?
- How long can something sit on your property before it becomes yours?
- What is the very best proof of ownership of property?
- What is the statute of adverse possession in Arizona?
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AI Overview
AI Overview
Adverse possession allows a trespasser to acquire legal title to another’s land by occupying it without permission in an open, notorious, exclusive, hostile, and continuous manner for a state-specific statutory period (ranging from 5 to 30+ years)
. To succeed, the possessor must prove these elements in court, often by paying property taxes and maintaining the land, to “quiet title”.
Core Requirements to Prove Adverse Possession
To successfully claim land through adverse possession, the following elements must typically be met:
Actual Possession: Physical use of the land, such as fencing, cultivating, or building on it.
Open and Notorious: The use must be obvious to anyone, including the true owner, and not concealed.
Exclusive: The land is not shared with the general public or the true owner.
Hostile/Adverse: Possession without the owner’s permission. This implies an infringement on the true owner’s rights.
Continuous and Uninterrupted: The possession must be maintained for the entire statutory period without abandoning it.
How to Prove and Acquire Title
Satisfy the Statutory Period: Time requirements vary widely by state, from a few years to decades.
Tacking: A current possessor can “tack on” their time to a predecessor’s time to meet the statutory requirement if there is a direct connection (privity) between them.
Pay Property Taxes: Many jurisdictions require the adverse possessor to pay property taxes during the statutory period to gain title.
File a “Quiet Title” Action: To legally gain title, a lawsuit (quiet title action) must be filed against the record owner to have a court formally recognize the new ownership.
Gather Evidence: Document the use of the property with photos, records of maintenance, and testimony from neighbors.
Key Considerations
Color of Title: Some states require that the possessor has a faulty deed or other document that makes them think they own the land.
Owner’s Disability: The statutory period may be paused if the true owner is a minor, imprisoned, or incompetent.
Public Land: It is generally not possible to acquire public or government land through adverse possession.
Disclaimer: Adverse possession laws vary significantly by state and country. It is highly recommended to consult a real estate attorney for specific legal advice.
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Probate law is often intertwined with real-estate law. In fact, many people learn of the need for probate only when they get ready to deal with a piece of family property and discover an unprobated estate in the chain of title (for more information, see our Section on Probate & Real Estate or, for a good example of how this can come up, see the recent case of Tatum v. Wells)
One of the real-estate-related issues that can surface in a probate proceeding is called adverse possession. Adverse possession is a function of the law that allows a person to acquire title to another person’s land by maintaining possession of the land for a continuous period of 10 years or more.
Mere possession will not meet the standard set for receiving title by adverse possession. In order for a court to find adverse possession, the possessor must prove that the possession is 1) under claim of right; 2) actual or hostile; 3) open, notorious, and visible; 4) exclusive; 5) continuous and uninterrupted for 10 years; and 6) peaceful.[1] The person seeking the title to the land must also show by clear and convincing evidence that each element has been met.
Clear and convincing evidence is the highest standard for proving your case that the court has. It is defined as a showing of evidence that produces in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established. It is evidence so clear, direct, weighty and convincing that the fact finder comes to a clear conviction, without hesitancy, of the truth of the precise facts of the case.[2]
Tomorrow, we will see how this plays out in a recent Mississippi case involving adverse possession.
[1] Stallings v. Bailey, 558 So. 2d 858, 860 (Miss. 1990).
[2] Moran v. Fairley, 919 So. 2d 969, 975 (¶24) (Miss. Ct. App. 2005).