Legal Question in Wills and Trusts in Mississippi

Decease parents home

can I rebuild on the the land of my deceased parents I'm the one who do all the up keeping on the house. I paid the taxes on it this year, I paid the mortage off on it too.

Asked on 7/14/09, 2:07 pm

1 Answer from Attorneys

Albert Pettigrew Law Offices Ph 228-875-8736

Re: Decease parents home

Adverse possession against a co-tenant requires the passage of 10 years and notice to the co-tenant that you are acting adverse to their interest. Paying the mortgage and taxes can be evidence of adverse possession, but will not cut the co-tenants out by tax title conveyance. To cut off their interests, they will have to receive actual or constructive notice of ouster. Ouster occurs when a wrong-doer gains acutal occupation ofthe land and compels the rightful owner to seek his legal remedy in order to gain possession. See Gavin v. Hosey, 230 So.2d 570, 572 (Miss.1970; 205

Barber v. McManus,So.2d 653 (Miss. 1968).

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Answered on 7/15/09, 6:58 pm

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