In Mississippi, squatters and their families have the right to use your property without your permission. This is known as “adverse possession,” and it can take several years before someone can claim your land.
This article will explain what adverse possession is, how you can protect yourself against squatters, steps needed to gain adverse possession in Mississippi and defenses against it.
Squatting In Mississippi
Defining Squatting And Adverse Possession
Squatting is the practice of occupying a property without legal title to it. The term “squatter” is often used to mean someone who lives on another person’s land and does not pay rent or taxes.
The word comes from the practice of squatting down on one’s haunches, like an animal, when resting in preparation for an attack against passersby.
Adverse possession is a process that allows people who have been using someone else’s property for many years (and without permission) to claim it as their own if they can prove that they were in possession of the land continuously for a certain period of time – usually 7 years or longer depending on state laws.
Protect Your Rights
To protect your property, you should make sure that any real estate that could be a target for squatters is clearly marked and fenced in. This will help to discourage them from making themselves at home on your land.
Additionally, if you have been a victim of squatting and would like to take legal action against the intruders, it is important that you start by talking with an attorney who specializes in this area of law. Your attorney will be able to guide you through the process of getting rid of these unwanted guests once and for all.
What Is Adverse Possession in MS?
Under the doctrine of adverse possession, a person can get legal title to land owned by another under certain circumstances. In order to obtain title to the land through this doctrine, the person must be in actual possession of the property for a specified period of time and pay taxes on it during that time.
There are two types of adverse possession: continuous and non-continuous. Continuous adverse possession requires that someone occupy the property year after year without interruption or permission from other parties; this type is also known as “open and notorious” use.
Non-continuous adverse possession doesn’t require continuous occupation, but it does require evidence that a reasonable person would believe they have rights to use your property against your will and without your consent; this type is also known as “hostile” use
Steps Needed to Gain Adverse Possession
To gain adverse possession, the person seeking to claim the property must:
- Control the land continuously for twenty years. During this time, they must pay all taxes and other fees associated with owning a property.
- Pay fair market value for any improvements made during this time. For example, if you build a fence on your neighbor’s land that is not attached to your house or otherwise connected to utilities, then you should expect that he or she will be able to collect fair market value from you if they choose not to sell their whole property after twenty years go by.
Defenses against Adverse Possession MS
There are several defenses against adverse possession, which are explained in more detail below:
- The property owner has not abandoned the property. For example, a vacation home that is uninhabited during winter months would likely be considered abandoned by its owner and therefore vulnerable to squatting because it was not regularly being used. However, if this same home were used as a weekend getaway during summer months or as an occasional vacation spot throughout the year, it might not be considered abandoned by its owner.
- The property owner has not been absent for so long that he/she can no longer reasonably assert ownership over their land without valid reason. This defense could be applied in cases involving military service or other extended absences from one’s home over which there was little control (such as being hospitalized).
- The property owners have given consent for someone else to use and occupy their land—but only if they do so with good faith intent on both sides of the agreement; this means neither party may have been acting fraudulently when agreeing upon these terms (e.g., one person may say they’re renting out space while secretly planning on moving into it themselves).
How to Remove Squatters in Mississippi
In order to evict squatters, you must first have a claim of right. This means that you actually own or have an interest in the property and can prove it. If you do not own the property but have an interest in it, then you must be able to show that your rights are greater than those of the squatter.
If you are able to prove your ownership or interest in the property, then proceed with filing for eviction under Miss. Code Ann §§ 93-17-13(2).
You will need to file a complaint for eviction along with supporting documents such as affidavits from witnesses and photographs showing signs of use by others on your behalf. After this has been filed, serve copies of all paperwork on all defendants listed on your complaint so they can respond accordingly (Mississippi Rules of Civil Procedure Rule 4).
This article explains squatting and adverse possession in Mississippi
Squatting is the act of occupying a property that you do not own, but claiming it as your own. In Mississippi, squatters can gain ownership of the property if they have occupied the land for 7 years and paid taxes on it during those 7 years. The process is called adverse possession.
Adverse possession happens when someone acts like they own a piece of land for so long that everyone thinks he does own it (even though he doesn’t). This can happen by mistake or on purpose—it doesn’t matter why an owner acted like he owned a piece of land; what matters is how long he acted this way.
Conclusion
If you’re looking to evict squatters on your property in Mississippi, you’ll need to know what your legal rights are. You can also enforce those rights by learning about the process of adverse possession and how it may be used against squatters.
If a squatter is taking up space on your land without permission and refuses leave, then it’s time to take action! If possible, try negotiating with them first so they can leave peacefully without confrontation or court involvement; otherwise seek legal assistance from an attorney who specializes in landlord-tenant issues.
