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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33769
Experience:  15 years real estate, Realtor. Landlord 26 years
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I have paid land taxes on family owned property years.

Customer Question

I have paid land taxes on family owned property for four years. is there anyway I cam claim this property as my own since im the only one paying the taxes
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Can you tell me what state you are in?
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Have you been the only one using the property and maintaining exclusive use and possession?
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If so, how long have you been doing so?
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Who is on the actual deed to the property?
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thanks
Barrister
Customer: replied 1 year ago.
its heir property my mother died and nobody lives on the land, but no one has paid taxes but me for four years..im in mississippi
Customer: replied 1 year ago.
all of my moms siblings are deceased as well but they have living children who don't live in Mississippi. some of them do. none the less im paying the taxes
Expert:  Barrister replied 1 year ago.
Have you excluded anyone else from using the property and used it exclusively yourself?
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thanks
Barrister
Customer: replied 1 year ago.
the property is not actively being used or lived on. I live on the property a short distance from it that's was solely owned by my mom. its a rural area
Customer: replied 1 year ago.
just seems to me if im paying , I should be able to claim ownership at some point
Customer: replied 1 year ago.
are you still there
Expert:  Barrister replied 1 year ago.
Sorry for the delay, it takes a bit of time to look up the particular state law on a topic so I can give a thorough, legally correct answer.
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Ok, under Mississippi law you could legally claim ownership of the land if you have used it exclusively and prevented anyone else from using it for the statutorily prescribed time under the legal doctrine of "adverse possession". The period of time for adverse possession must be at least ten (10) years. (Mississippi Code §15-1-7, 13.)
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So if you can prevent anyone else from using the property for at least ten years, you can file what is called a "Quiet title" action against the estate of mother and any heirs to cut off their rights to the property and be declared the full legal owner.
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thanks
Barrister
Customer: replied 1 year ago.
so continue to pay taxes then go forward after ten years to claim land ownership
Expert:  Barrister replied 1 year ago.
Correct. And if you can enter and use the land, and prohibit others from doing so, then do so as that will strengthen your claim under the "exclusive and continuing use" requirement of adverse possession.
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thanks
Barrister

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