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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2245
Experience:  Experience in residential real estate and commercial leases.
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Harrison county, MS I purchased a property in 2006 with a

Customer Question

Harrison county, MS
I purchased a property in 2006 with a fence separating my property from my neighbors. about a year ago she came over and said 10' of the property on my side of the fence was her's. according to a survey she paid for a few weeks later, this could be true. but my understanding is if a fence has been in place for a number of years, that this is now the new boundary (property) line. The fence is chain line and was old and rusty when I bought the house. its now been 10 years.
is this now my property?
if so what do I need to do to assert my right?
estimated cost?
thank you so much
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  J. Warren replied 1 year ago.

Hello and welcome! I am an attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

Expert:  J. Warren replied 1 year ago.

Do you know approximately how long the fence has been there and how long she (neighbor) has lived there?

Customer: replied 1 year ago.
I've had the property since 2006. The fence was old and rusted then.
Expert:  J. Warren replied 1 year ago.

Ok thank you for the additional information. Under Mississippi law a person has a claim of right to title in property by adverse possession if they have occupied the property for a period of 10 years, that is be in possession adverse to the real owner of interest in the property.


§ 15-1-13. Ten years' adverse possession gives title; exceptions.

(1) Ten (10) years' actual adverse possession by any person claiming to be the owner for that time of any land, uninterruptedly continued for ten (10) years by occupancy, descent, conveyance, or otherwise, in whatever way such occupancy may have commenced or continued, shall vest in every actual occupant or possessor of such land a full and complete title, saving to persons under the disability of minority or unsoundness of mind the right to sue within ten (10) years after the removal of such disability, as provided in Section 15-1-7. However, the saving in favor of persons under disability of unsoundness of mind shall never extend longer than thirty-one (31) years.

(2) For claims of adverse possession not matured as of July 1, 1998, the provisions of subsection (1) shall not apply to a landowner upon whose property a fence or driveway has been built who files with the chancery clerk within the ten (10) years required by this section a written notice that such fence or driveway is built without the permission of the landowner. Failure to file such notice shall not create any inference that property has been adversely possessed. The notice shall be filed in the land records by the chancery clerk and shall describe the property where said fence or driveway is constructed. " source:

While it appears you have satisfied this requirement the property does not automatically become the possessors interest. An adverse claim must be petitioned to the court and an order granting you quiet title must then be granted by the court upon you showing you have satisfied the requirements to claim the property by adverse possession.

It is difficult to estimate costs associated with these types of claims. As you can imagine, these cases can be highly contested. I would anticipate a few thousand dollars by the time the petition is drafted, filed and argued in front of the court.

It would be best to retain a local attorney, as the arguments for adverse possession are technical and judges are reluctant to grant possession unless it is clearly presented to them that the elements of the claim are satisfied.

All my best and encouragement. Thank you for allowing me to help you with your questions. I have done my best to provide information which truthfully addresses your question. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time.

Expert:  J. Warren replied 1 year ago.

Can I answer any additional follow up questions for you or clarify anything I have written above? If not, can you please press a positive rating above this message box in the ratings section so I will be paid for my time assisting you on this matter? Pressing a positive rating will not cost any additional money - it is simply the trigger used by Just Answer to pay me for my time (pressing the middle star or the fourth or fifth star on the right are all positive rating buttons).

Customer: replied 1 year ago.
it didn't say when I put my credit card info in that I'd be signing up for a free trail.. my instinct was not to do it... but alas, I did... I hope this isn't going to end up with me having report this to the BBB or having to cancel my credit card, cause you guys charge it again.... I didn't click to do a free trial. I don't want a free trail. please make sure I'm not getting a signed up for some revolving credit card monthly charge. Thank you
Expert:  J. Warren replied 1 year ago.

I have notified customer service. Pressing a positive rating will not cost any additional money - it is simply the trigger used by Just Answer to pay me for my time (pressing the middle star or the fourth or fifth star on the right are all positive rating buttons).