Squatters Rights Mississippi Summary
Statutory Period
10 years (or 5 years with color of title & tax payment)
Primary Statute
Mississippi Code § 15-1-13
Additional Requirements
- Open, notorious, exclusive, and hostile possession
- Payment of property taxes (for 5-year claim)
- Color of title (for 5-year claim)
- Cultivation or improvement of the land
Squatters Rights 30 Days Mississippi
There is a pervasive misconception that squatters in Mississippi can gain legal rights after just 30 days of occupation. This claim is completely false and has no basis in Mississippi state law. Understanding the actual legal requirements is important for both property owners and occupants.
Origins of the 30-Day Myth in Mississippi
This misinformation stems from several sources:
- Confusion with tenant laws: Mississippi's landlord-tenant laws provide specific protections to legal tenants, including notice requirements before eviction. These do not apply to unauthorized occupants.
- Misunderstanding of adverse possession: The actual statutory period for adverse possession in Mississippi is 10 years (or 5 years with color of title and tax payment), not 30 days.
- Eviction process timelines: The time it takes to legally remove unauthorized occupants through the court system may create the impression that squatters have legal rights after a short period.
Mississippi's 2025 Squatter Removal Process
Mississippi law provides property owners with several options to remove unauthorized occupants:
- Property owners can request law enforcement assistance in removing trespassers through Mississippi's criminal trespass laws
- For situations requiring court action, Mississippi offers a specialized forcible entry and detainer process
- Property owners must provide proof of ownership such as a deed or proper documentation
- As of 2025, Mississippi has strengthened trespassing penalties and clarified removal procedures
Important 2025 Update: Mississippi has clarified its trespassing laws to better address squatting situations, with amendments to Mississippi Statutes § 13-1502 (criminal trespass) to more explicitly address unauthorized property occupation. Law enforcement can now more readily remove unauthorized occupants. For actual adverse possession in Mississippi, a claimant must occupy the property for either 10 years, or 5 years with color of title and tax payment, not 30 days as commonly misunderstood.
Overview of Adverse Possession in Mississippi
Key information about squatter's rights in Mississippi
Mississippi's adverse possession laws feature a dual-track system with different time requirements based on documentation and tax payment. The state also has unique considerations for what constitutes "cultivation" in humid subtropical environments.
Mississippi's Tax Payment Consideration
Mississippi law has unique provisions regarding tax payment and adverse possession:
- While not strictly required, payment of property taxes strongly supports an adverse possession claim
- Mississippi courts consider tax payment as evidence of a claim of ownership
- Tax payment creates a presumption in favor of the adverse possessor
- Tax sale purchases can serve as color of title, though still requiring the 10-year possession period
- Mississippi's approach balances documentation with actual possession
This emphasis on tax payment reflects Mississippi's historical concern with ensuring that property contributes to public revenue, while still maintaining the fundamental requirement of actual possession.
Statutory Time Requirements
Mississippi's laws provide specific timeframes for adverse possession:
- 10 years: Standard adverse possession period required for a claim to mature
This period must be continuous and uninterrupted. Any acknowledgment of the true owner's title or legal action will restart the statutory period.
Reference: Mississippi Code
Common Law Elements
Mississippi courts have established several essential elements that must be proven for a successful adverse possession claim:
- Actual: Physical occupation and use of the property
- Open and Notorious: Visible possession that would alert a reasonable owner
- Exclusive: Possession not shared with the true owner or general public
- Hostile: Occupation without permission (not necessarily with ill intent)
- Continuous: Uninterrupted possession for the statutory period
All elements must be proven by clear and convincing evidence for the statutory period.
Mississippi Adverse Possession Statutes
Mississippi Statutes § 12-526. Adverse possession of real property
A. A person who has a cause of action for recovery of any lands, tenements or hereditaments from a person having peaceful and adverse possession thereof, cultivating, using and enjoying such property, shall commence an action therefor within ten years after the cause of action accrues, and not afterward.
B. An action for recovery of real property which has been granted by this state by letters patent or deed executed and recorded more than five years before commencement of the action shall be brought within five years after the cause of action accrues.
Mississippi Statutes § 12-527. Adverse possession under written instrument or judgment
A. When it appears that the occupant, or those under whom he claims, entered into possession of premises under claim of title, exclusive of other right, founding the claim upon a written instrument as being a conveyance of the premises in question, or upon a decree or judgment of a competent court, and that there has been continued occupation and possession of the premises included in the instrument, decree or judgment for five years, the premises so included shall be deemed to have been held adversely.
B. For purposes of constituting an adverse possession by a person claiming title founded upon a written instrument or a judgment or decree, land shall be deemed to have been adversely held when it has been cultivated or improved in a manner consistent with the ordinary use of similar property in the vicinity or when, although not enclosed, it has been used for the supply of fuel or pasture or for the ordinary use of the occupant.
Important Legal Notes
- Mississippi courts have consistently held that payment of property taxes is required for the 5-year statutory adverse possession.
- Under Mississippi law, multiple periods of adverse possession may be "tacked" together if there is privity between successive occupants.
- Adverse possession claims in Mississippi must be initiated by filing a quiet title action.
- Mississippi specifically exempts all government-owned lands from adverse possession claims.
Key Mississippi Adverse Possession Cases
Occhino v. Hernandez (2017)
This case established that the hostility requirement in Mississippi means only that the possessor is occupying the property without permission from the true owner, not that there must be an intentional trespass or ill will. The Mississippi Court of Appeals confirmed that a good faith but mistaken belief about property boundaries can still satisfy the hostility requirement.
Moody v. Van Sant (2010)
The Mississippi Court of Appeals held that payment of property taxes is an essential element for the five-year statutory period under Mississippi Statutes § 12-527, but not for the ten-year period under Mississippi Statutes § 12-526. This clarified the dual-track system of adverse possession in Mississippi.
Chandler v. Jackson (2005)
Clarified that "cultivation" in Mississippi's adverse possession context can mean various forms of land improvement appropriate to the nature of the property, not just agricultural use. This case acknowledged Mississippi's diverse humid subtropical landscape and recognized that fencing, grading, and creating access roads could satisfy the cultivation requirement.
Combs v. DuBois (2000)
Established that in boundary dispute cases, when neighbors have treated a particular line as the boundary for the statutory period, even if that line differs from the recorded legal description, the neighbor who has occupied land beyond their true boundary may acquire it through adverse possession.
Mississippi Adverse Possession Procedures
Making an Adverse Possession Claim
To establish adverse possession in Mississippi, a claimant typically must:
- File a quiet title action in the superior court of the county where the property is located
- Provide evidence meeting either:
- 10-year requirement under Mississippi Statutes § 12-526, OR
- 5-year requirement (with color of title and tax payment) under Mississippi Statutes § 12-527
- Demonstrate that possession was actual, open, notorious, exclusive, hostile, and continuous
- Present evidence such as witness testimony, photographs, surveys, tax receipts, and documentation of improvements
- Be prepared to address any evidence of permissive use or interruption of possession
- Obtain a court judgment granting legal title to the property
Following a successful quiet title action, the claimant should record the judgment with the appropriate county recorder's office to establish clear title to the property.
Defending Against Squatters
Mississippi property owners can protect against adverse possession claims by:
- Regularly inspecting property boundaries
- Posting "No Trespassing" signs around the property perimeter
- Maintaining accurate property surveys and documentation
- Providing written permission for any allowed use of the property
- Keeping property tax payments current
- Taking legal action against unauthorized users before the statutory period expires
- Documenting property visits and inspections
- Considering a property management service for vacant properties
Any action that interrupts the continuity of possession will restart the statutory period and prevent an adverse possession claim from maturing.
Removing Squatters
Mississippi provides property owners with several options for removing unauthorized occupants:
- Law Enforcement Assistance: For clear cases of trespassing, property owners can request immediate assistance from law enforcement to remove unauthorized occupants under Mississippi's criminal trespass laws (Mississippi Statutes § 13-1502 to § 13-1504).
- Forcible Entry and Detainer: This is Mississippi's eviction process for removing unauthorized occupants:
- File a complaint for forcible entry and detainer with the justice court
- Attend the hearing (typically scheduled within 5-10 days)
- Obtain a writ of restitution if the court rules in your favor
- Have the constable execute the writ to remove the squatters
- Criminal Trespass Charges: In many cases, property owners can pursue criminal trespass charges against squatters under Mississippi Statutes § 13-1502 to § 13-1504.
Important: Mississippi law prohibits "self-help" evictions such as changing locks, removing doors, or shutting off utilities. Property owners must follow legal procedures to remove occupants or risk civil and criminal liability.
Frequently Asked Questions
How long must someone occupy my property in Mississippi to claim adverse possession?
In Mississippi, there are two timeframes for adverse possession: 10 years under the standard claim, or 5 years if the claimant has color of title (a document that appears to give ownership rights) and has paid property taxes during that period. The "30-day squatter's rights" claim is a myth - no one can gain ownership rights to your property after just 30 days of occupation.
What constitutes "cultivation" in Mississippi's humid subtropical environment?
Mississippi courts interpret "cultivation" broadly based on the nature and character of the land. In Mississippi's humid subtropical environment, this can include traditional agricultural uses, landscaping, garden maintenance, tree planting, brush clearing, installing fencing, building structures, creating walkways, or other improvements appropriate for the specific type of property. The courts take a practical approach that evaluates whether the use is consistent with how a typical owner would use similar land in the region.
What is "color of title" in Mississippi adverse possession law?
In Mississippi, "color of title" refers to a written document (such as a deed, will, or other instrument) that appears to give the possessor ownership rights to the property but contains some legal defect. Having color of title along with paying property taxes reduces the required adverse possession period from 10 years to 5 years in Mississippi.
Can I legally remove squatters from my property in Mississippi?
Yes, but you must follow legal procedures. For clear cases of trespassing, you can request immediate law enforcement assistance under Mississippi's criminal trespass laws. In other cases, you must use Mississippi's forcible entry and detainer process, similar to an eviction. "Self-help" methods like changing locks or cutting off utilities are illegal in Mississippi and could result in liability for the property owner.
Can someone claim adverse possession against government-owned land in Mississippi?
No. Mississippi law specifically exempts land owned by the state of Mississippi, the federal government, counties, cities, and other public entities from adverse possession claims. This is particularly significant in Mississippi, where a large percentage of land is publicly owned.
Can trespassers gain rights to my property after 30 days in Mississippi?
No. This is a common misconception. In Mississippi, adverse possession requires either 10 years (standard) or 5 years (with color of title and tax payment) of continuous, open, notorious, exclusive, and hostile possession. Short-term occupancy (whether 30 days or even several months) does not establish any ownership rights through adverse possession in Mississippi.