MISSISSIPPI LEGISLATURE
2006 Regular Session
To: Judiciary A
By: Representative Hamilton (109th)
AN ACT TO AMEND SECTION 15-1-13, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN EXCEPTIONS TO THE DOCTRINE OF ADVERSE POSSESSION; 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. (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 useable fence or useable driveway has been built who files with the chancery clerk within the ten (10) years required by this section a written notice that such useable fence or useable 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.
SECTION 2. This act shall take effect and be in force from and after July 1, 2006.