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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117404
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Can a person take your land if they have had a fence up on

Customer Question

Can a person take your land if they have had a fence up on the property for ten years but have not payed the property taxes in the state of Mississippi
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under MS law to establish a claim of adverse possession, the party claiming to have adversely possessed the property must show, by clear-and-convincing evidence, that his possession was (1) under a claim of right or ownership; (2) actual or hostile; (3) open, notorious, and visible; (4) continuous and uninterrupted for a period of ten years; (5) exclusive; and (6) peaceful. See: Pulliam v. Bowen, 54 So.3d 331, 334 (Miss.Ct.App.2011). There is nothing in the statute about paying taxes, unlike in some states where you must do so in order to make a claim of adverse possession.

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