There are two basic types of property: (Miss. Code Ann. Sec. 97-17-1 through 121)
1) Real property: land and any object affixed to the land.
2) Personal property: movable property, belongings with the exclusion of land, buildings, or anything affixed or in association to land. (sometimes known as “Chattel”)
Our Real Property Practice
Deeds:
- Warranty Deed: The grantor in a warranty deed warrants to the grantee that the grantor has good and marketable title to the real estate conveyed and will defend the title against any disputes or claims to the real estate. A warranty deed in Mississippi includes the following five covenants: seisin, power to sell, freedom from encumbrances, quiet enjoyment, and warranty of title Miss. Code Ann. § 89-1-33 (Title Search & Opinion Required)
- Special Warranty Deed: Offers a limited degree of protection to grantees. By incorporating the words “warrant specially” in a deed, grantors, their heirs, and personal representatives are obligated to “forever warrant and defend the title of the property unto the grantee and his heirs, representatives, and assigns, against the claims of all persons claiming by, through, or under the grantor.” However, by executing a special warranty deed, a grantor is not obligated to defend the title of the property against the claims of persons claiming by, through, or under others. Special warranty deeds are often utilized for conveying real property acquired by a means other than purchase, such as foreclosure. Miss. Code Ann. § 89-1-35. (Title Search & Opinion Strongly Recommended)
- Quitclaim Deed: A quitclaim deed transfers ownership interest of the grantor to the grantee without any warranties or guarantees that title is good or that the property is free of liens or claims. A quitclaim deed is used mostly in non-sale transactions such as transfers between spouses, or gifts of land. Miss. Code. Ann. § 89-1-39. (Title Search and Opinion NOT Required, but urged)
Mississippi is a race-notice state meaning any conveyance of an interest in land shall not be valid against a subsequent purchaser for value, without notice thereof, whose conveyance is first recorded.
Land Transactions:
- Real Estate Agreements and Contracts to Buy and Sell
- Closings
- Contracts regarding real property
Title Searches & Opinions: the written opinion of an attorney, based on the attorney’s title search into a property, describing the current ownership rights in the property, as well as the actions that must be taken to make the stated ownership rights marketable. (in some transactions this is accompanied by title insurance)
Partitions: an act, by a court order or otherwise, to divide up a concurrent estate into separate portions.
Land Disputes: disputes involving easements, boundaries, adverse possession, and covenants.
Crimes and Torts against Real Property include: (This is not an exhaustive list)
- Arson: willfully and maliciously setting of fire to or burning or causing to be burned, or aiding counseling or procuring the burning of any real property of whatsoever class or character. Miss. Code Ann. Sec. 97-17-1 et. seq.
- Burglary: breaking and entering into any structure with the intent to commit a crime therein. Miss. Code Ann. Sec. 97-17-232 et. seq.
- Malicious Mischief/Vandalism: the intentional destroying or damaging of the real property of another, from actual ill will or resentment towards its owner or possessor Miss. Code Ann. Sec. 97-17-67
- Trespass: Intentionally entering onto the property of another without consent. Miss. Code Ann. Sec. 97-17-85 et. seq.
Crimes and Torts against Personal Property Include: (This is not an exhaustive list)
- Larceny:the unlawful carrying away of another person’s property with the intention to deprive the owner of it. Miss. Code Ann. Sec. 97-17-43 et. seq.
- Petty: theft of property having a value of less than $500.00. Miss. Code Ann. Sec. 97-17-43
- Grand:theft of property having a value greater than $500.00. Miss. Code Ann. Sec. 97-17-41
- Robbery: the unlawful taking of property from a person’s immediate possession through using force of intimidation. Miss. Code Ann. Sec. 97-3-73 et. seq.
- Embezzlement: the unlawful taking of property by someone who it was entrusted. Miss. Code Ann. Sec. 97-23-25
- Extortion: the use of threats to obtain the property of another person. Miss. Code Ann. Sec. 97-3-82
- Trespass to Chattel: intentionally interfering with another’s possession of a chattel (movable property) that results in damage to said chattel.
- Conversion: the unauthorized assumption of the right of ownership over the personal property of another to the exclusion of the owner’s rights. (applies only to instruments ex: bonds, checks, papers, etc.) Miss. Code Ann. Sec. 75-3-420
- Malicious Mischief: the intentional destroying or damaging of the personal property of another, from actual ill will or resentment towards its owner or possessor Miss. Code Ann. Sec. 97-17-67
- Arson in the 3rd Degree: willfully and maliciously setting of fire to or burning or causing to be burned, or aiding counseling or procuring the burning of any personal property of whatsoever class or character. Miss. Code Ann. Sec. 97-17-7
For more information about Real Estate & Property Law matters schedule a free consultation with Stella Hurtt