MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Judiciary B

By: Representatives Comans, Endt, Green (96th), Hamilton, Hudson, McInnis, Moody, Scott (80th)

AN ACT TO AMEND SECTION 15-1-13, MISSISSIPPI CODE OF 1972, TO ALLOW A LANDOWNER TO PREVENT ADVERSE POSSESSION BY FILING NOTICE WITH THE CHANCERY CLERK; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 15-1-13, Mississippi Code of 1972, is amended as follows:

15-1-13. 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. The provisions of this section shall not apply to a landowner, upon whose property a fence has been built, who files a written notice within the ten (10) years required by this section with the chancery clerk that such fence is built without the permission of the landowner. The notice shall be filed in the land records by the chancery clerk and the chancery clerk shall notify the adverse possessor at his last known address or the address of such person on record in the chancery clerk's office.

SECTION 2. This act shall take effect and be in force from and after its passage.