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I have a pond spillway question...can you help me with that…

Customer Question
I have a pond...

I have a pond spillway question...can you help me with that regarding Mississippi law?

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My spillway has been running on the neighboring property for over 75 years...it only runs over a small corner but has been there since the pond was built 75 years ago...the neighboring property has sold 3 times without anyone raising an issue...now the current neighbor says the water should not be on her prooperty.

Submitted: 1 month ago.Category: Real Estate Law
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Answered in 8 minutes by:
3/7/2018
Real Estate Lawyer: Damien Bosco, Attorney replied 1 month ago
Damien Bosco
Damien Bosco, Attorney
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Satisfied Customers: 4,212
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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Real Estate Lawyer: Damien Bosco, Attorney replied 1 month ago

This sounds like you would have an adverse possession claim on that part of the neighbor's land.

A trespasser’s possession must be (i) hostile (against the right of the true owner and without permission); (ii) actual (exercising control over the property); (iii) exclusive (in the possession of the trespasser alone); (iv) open and notorious (using the property as the real owner would, without hiding the occupancy); and (v) continuous for the statutory period (which in ten years in Mississippi, under Miss. Code Ann. § § 15-1-7).

So, it sounds like you have such a claim.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Real Estate Lawyer: Damien Bosco, Attorney replied 1 month ago

Hello again:

I am checking in with you to see how things are going. If you need more, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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