Real Estate Law

Real estate law is a complex area that encompasses a variety of different matters that may be heard in chancery court or courts that are generally deemed to be courts are traditionally recogonized to award money damages.  Real property law in the state of Mississippi also involves conveying of real property.  Depending on the language in a deed, and the words of inheritance, various different types of estates can be created in the person who is receiving real property.  For example, a conveyance to John Doe will create a fee simple estate if the grantor owns a fee simple interest in the real property.  The various types of concurrent ownership is also recognized in the state of Mississippi.  Joint tenancy requires four unities of time, title, interest, and possession.  There does exist in Mississippi a statutory preference for the creation of tenancy in common.  The traditional language used in Mississippi to create a joint tenancy is for example, “To John Doe and Jane Doe as joint tenants with full rights of survivorship and not as tenants in common.”

Partitioning can also be litigated in courts of equity (chancery courts) of proper jurisdiction.  There does exist a statutory right to partition in the state of Mississippi under  Mississippi Code Annotated Section 11-21-3.  In partitioning, the statutes also do provide in certain instances for the allowance of attorney fees for the person seeking partitioning.

Mississippi landlord tenant law is purely a product of statute. A week-to -week or month- to-month tenancy does require a one week notice for the termination of a lease for residential properties.  Mississippi in 1991 adopted the residential landlord tenant act which applies to rental agreements entered into after July 1 of 1991.  The 1991 act imposes detailed duties on residential landlords and authorizes tenants to expend up to one month’s rent in making necessary repairs when the landlord has refused to do so, after 30 days written notice, and the repairs needed constitutes a violation of the act or a breach of the landlord duties under the lease.

Less often litigated are claims of adverse possession. Adverse possession is commonly referred as “squatter’s rights.”   Mississippi does require a ten year period for adverse possession.  There are several requirements in order to meet the general minimum threshold to find that adverse possession exists.  For instance, some of those requirements are that the property was held openly and notoriously against the interest of the owner of that property.

In order to secure interest in real estate, a deed of trust is used exclusively to take a secured interest in residential or commercial real property.  Mississippi has generally exclusively used foreclosure in the non-judicial fashion (this is often referred to as an administrative foreclosure).  Once the statutory requirements have been met, a lender is able to foreclose on property without judicial approval in most instances.

If you have a question regarding real property conveyancing, adverse possession, title matter, or any other matter defaulted in the realm of real estate law, the law office of Matthew Poole is able to provide you with the proper guidance to make intelligent decisions in order to protect your rights.