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AN ADVERSE POSSESSION MYTH IN MISSISSIPPI

Many landowners have heard and generally believe that if someone has
another person’s land inside a fence and in the non-owners possession for a
period of ten (10) years (MS), the person in possession owns the subject land
pursuant to a law called adverse possession. The reality is maybe or maybe not.
The Mississippi adverse possession law has been around for some time and
there are numerous opinions floating around reflecting the general belief that the
test is simple, i.e., occupy another’s land for ten (10) years and it’s yours. The
truth is it is not that simple. There are several factors or elements which must
exist and be proven in order to establish ownership of another’s land through
adverse possession.

Space does not permit us to go into detail regarding the elements and facts
which must be proven by clear and convincing evidence of a person’s claim of
ownership through adverse possession, but if you are interested in details it is
suggested that you Google “Judge Carlton’s Primer on Adverse Possession” as it
provides a concise outline of the factors and elements which must exist in order
to establish ownership of land through adverse possession.

The bottom line is THERE IS A WHOLE LOT MORE INVOLVED THAN SIMPLY
HAVING ANOTHER’S PROPERTY UNDER FENCE IN ORDER TO PROVE A CLAIM OF
OWNERSHIP THROUGH ADVERSE POSSESSION.

If you happen to be:

A. A landowner who owns land which is inside another person’s fence, or,

B. A person who has someone else’s land under your fence with the intent to claim the subject land by adverse possession,
you probably need to contact a competent real estate attorney to relate the facts
and your goals in order to get advice and direction regarding the law as it relates
to your situation.