Mississippi real estate law refers to the rights of an owner of a piece of land, not to personal property.
People can own property for personal or business reasons, and the law can differ depending on the type of use.
Property and real estate law is incredibly complex.
There are historic origins and ever-changing case law to consider. So if you have a legal issue regarding a piece of property or Mississippi property tax laws, seek out a property and real estate attorney for help.
At Harris Law Firm, our lawyers have a thorough understanding of Mississippi’s real estate law. We will help you with any real estate needs – just reach out.
If you need immediate assistance from a real estate attorney, please call or contact us today.
Real Estate Litigation
On its face, a real estate transaction looks fairly straightforward. A person places their property for sale, a buyer makes an offer, the seller accepts, they write up and sign a contract, and exchange money. However, there are many potential pitfalls in a real estate transaction and Mississippi real estate licensing that can lead to disputes, conflict, and potentially a court case. Some of the most common real estate litigation matters in Mississippi include:
- Disputes in the drafting and execution of a purchase contract
- Buyer or seller misrepresentation
- Removal of cloud on title
- Title defects or disputes
- Zoning regulations
- Local and state regulations
- Mortgage fraud
- Disputes involving implied or express warranties
- Condemnation proceedings
- Enforcement of deeds
- Boundary disputes
- Lease termination
- Eviction proceedings
- Adverse possession proceedings
If you find yourself embroiled in a property or real estate litigation matter, it is incredibly important that you consult with a real estate attorney. You need someone understands the law and can provide you with quality legal advice.
What is the Quiet Title Process?
The quiet title process occurs when there is more than one party claiming ownership to a piece of land. This could be because of an inheritance, purchase, or questions on the legitimacy of the title. In order to establish the claim as the true, singular owner of the property, the quiet title process eliminates the claims of the other parties to the property. Quiet title actions commonly arise when more than one family member claims ownership of an inherited piece of property. It can also happen if someone records a deed incorrectly. Buyers also often need to file quiet title actions when they purchase property at a tax sale, sheriff’s sale, or judicial sale. This ensures there are no other claims to the property.
The first step in a quiet title action is hiring a title company to run a search on the property. That will uncover any encumbrances, liens, or other defects in the title. Next, you will need to hire a real estate attorney because whether you win the action depends on the strength of your case. The court typically rules in favor of the party with the strongest argument, not against those with the weakest. A real estate litigation lawyer also knows the local laws about quiet title actions, such as whether the person pursuing the claim needs to have physical possession of the property.
It is important to note that a quiet title action and quitclaim action are not the same thing, even though many people use the terms interchangeably. The quiet title action removes other claims from your piece of property. A quitclaim is a way for you to give your ownership interest in a piece of property to someone else or for someone to give their interest to you. These are two completely different actions, with different processes, and results. An experienced real estate attorney knows the difference and will be able to advise you on the best option for your property matter.
The Unlawful Detainer Process
Also known as eviction, the unlawful detainer process is what a landlord must file to remove a tenant from their premises. It is incredibly important that a landlord follow the letter of the law when enacting unlawful detainer. Tenants have many rights that a landlord can’t violate without risking legal liability. A property and real estate litigation attorney can help you avoid these pitfalls.
The first step in the unlawful detainer process in Mississippi is the termination of the tenancy. This, of course, requires legal cause. In Mississippi, this can be either because the tenant failed to pay rent or violated the terms of the lease agreement. The landlord must present the notice in writing. For failure to rent, the landlord must give notice and three days to pay, and for violations of the lease the landlord must give notice and thirty days to rectify the violations.
If the tenant fails to pay rent or fix the lease violations and continues to live in the residence, the landlord may then file an unlawful detainer action against the tenants who typically have five days to answer the complaint. If they do not answer, the court may find default judgment in favor of the property owner. In cases where the tenant does answer, the unlawful detainer action may go to trial.
The tenant may only be removed from the property after the landlord has won the unlawful detainer lawsuit. A law enforcement official must be the one to evict the tenants, and landlords are not allowed to evict tenants themselves. Typically, a court gives five to thirty days for the tenant to leave the property after the landlord has won the unlawful detainer action.
What is a Cloud on a Title?
A cloud on a title refers to any document, claim, lien, or other encumbrance that impairs the title to a piece of property. Clouds on the title are typically found during the title search before purchasing real estate. Typically, disputing parties can resolve these issues using either a quitclaim action or a quiet title action. Common issues that cause clouds on title include:
- Foreclosure proceedings
- Third party liens (either financial or mechanics)
- Probate issues that raise the question of who truly owns the property
An experienced real estate attorney knows how best to clear the clouds of title before their client purchases real estate with potential issues.
Contact Our Office Today
The real estate litigation lawyers at Harris Law Firm will offer you a full range of legal services for your Mississippi real estate needs. Whether it is a dispute with a neighbor over land or the need to clear the title on a piece of property, we are here to help you. Call the office or contact us today to schedule a consultation on your needs.