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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 36977
Experience:  Texas Attorney for 30 years dealing in real estate
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How can you sell property and a building in Mississippi? If

Customer Question

How can you sell property and a building in Mississippi? If a deed says owner shall not sell or dispose of property or building setting on property. What specific documents can you file to sell the property and building? How can a person file the documents themselves to sell the property and building with all owners in agreement. This is heir property.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

Was there probate filed here , some more information please so I may help you .

Customer: replied 1 year ago.
Probate was filed in Mississippi
Customer: replied 1 year ago.
My dad is deceased. He left a piece of property and a building setting on the property to me and my two sons. On the deed it indicates owner shall not sell or dispose of property or building setting on property
Expert:  Ray replied 1 year ago.

Well the executor can seek court order to sell it through the probate court.This is really the easiest thing to do.The order would state the court finds that sale is in the best interests of the heirs and awards clear title here to the executor.The executor then can do a court orders sale with clear title.

The other option is a suit to quiet title and have again a court order awarding you clear title.If probate has been closed here then this is your legal option.Since dad the grantor is deceased he cannot quitclaim to you here.You need a court order to clear title.Such a suit may be your best option if probate is closed.

Expert:  Ray replied 1 year ago.

This isn't that complicated, you file suit they post notice and you go tot court and get clear title , the actual order gives you clear title.Then you own it free and clear.

Lawyer for you here..

http://www.lawyers.com/real-estate/mississippi/find-law-firms-by-city/

Expert:  Ray replied 1 year ago.

Thanks please let me know if you have more follow up.

If you can leave a positive rating when we are done it is always sincerely appreciated.

Expert:  Ray replied 1 year ago.

Summary:

A "quiet title suit" is a judicial proceeding to remove a cloud or clouds on a title to real property.A cloud on title is an interest or lien that appears to affect the title.Here the restriction on the building is such a cloud and you need the court to award

you clear and complete title.

Expert:  Ray replied 1 year ago.

Thanks again.

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