Squatters’ rights and adverse possession in Mississippi can catch landlords by surprise. Picture someone quietly moving into a vacant Tupelo home and treating it like their own, all without the owner’s knowledge. What starts as a simple vacancy can quickly turn into a costly legal dispute.
On the bright side, landlords can easily stop squatters and protect their rental investments by following certain strategies. Keep reading to learn how Mississippi defines squatters, how adverse possession works, and the lawful steps landlords must take to remove unauthorized occupants from their property.
What is a squatter?
A squatter occupies a property without the owner’s permission or a valid lease agreement. This person doesn’t sign the rental paperwork or obtain the owner’s approval to live there, and as a result, they have no legal right to remain on the property.
For example, someone might move into a single-family home after an extended vacancy. They bring in belongings, set up utilities in their name, and ignore requests to leave. Without the owner’s consent or a lease, Mississippi law treats that person as a squatter.
Key Differences Between Squatters and Trespassers
Understanding the difference between squatters and trespassers matters to landlords, as each situation requires different legal steps.
Squatters
- Take up residence on a property without consent and stay long-term
- Try to establish the right to occupancy or even property ownership
- Force landlords to follow the Mississippi squatter eviction process
Trespassers
- Enter a property without permission and leave shortly after
- Do not pursue ownership or the right to a long-term residence
- Law enforcement can remove them promptly
In summary, squatters stay and attempt to claim certain rights, while trespassers enter briefly without making any claims. This distinction determines whether eviction or immediate removal applies.
What are squatters’ rights?
Squatters’ rights refer to laws that can protect unauthorized occupants who meet strict requirements over time. While squatters’ rights in Mississippi do not grant immediate ownership, these legal principles may allow a squatter to pursue property ownership over time.
In Mississippi, squatters’ rights cause serious risks for property owners. The longer a squatter stays on a property, the stronger their position. So, landlords have to act quickly, keep a close eye on their vacant rentals, and follow state laws to maintain ownership.
Can a squatter actually claim legal rights to a property?
Believe it or not, squatters can acquire legal title to a property in Mississippi through adverse possession. However, the process is lengthy and often difficult, placing the burden of proof on the squatter. Landlords can easily prevent adverse possession by responding quickly to these threats.
Adverse Possession Laws in Mississippi
Adverse possession in Mississippi allows a squatter to acquire legal title to property by meeting strict requirements over time. This is the only legal route for an unauthorized occupant to earn property rights, and the squatter must provide proof that their residence meets the following conditions:
Actual: The squatter must use the property as an owner would, live there, repair structures, and/or conduct routine maintenance.
Open and notorious: The squatter must live on the property openly, in such a manner that any reasonable owner or passersby could notice.
Hostile: The squatter must be on the property without the owner’s permission and cannot have consent or a lease agreement.
Exclusive: The squatter must hold the property in sole possession and cannot share it with other squatters, the original owner, or tenants.
Uninterrupted: The squatter must occupy the property continuously for 10 years with no significant absences.
Supporting laws: Mississippi Code § 15-1-13, § 15-1-15
Occupancy Time Requirements for Adverse Possession
To pursue adverse possession in Mississippi, a squatter must occupy a property for at least 10 continuous years. If the squatter leaves the property for an extended period of time, or if the original owner returns and evicts the squatter, the clock restarts.
For example, someone who lives in a vacant Biloxi home for 6 years, leaves for several months, and then returns would not be able to successfully claim adverse possession.
Supporting laws: Mississippi Code § 15-1-13, § 15-1-15
Does the squatter need to have a color of title to claim adverse possession?
Color of title refers to a written document that appears to transfer property ownership, but contains a legal defect. For instance, a squatter might purchase a home and receive a deed from a fraudulent seller who never actually owned the property.
Mississippi squatters do not need a color of title to pursue adverse possession. Holding a color of title also does not shorten the 10-year occupancy time requirement, though a squatter might use such a document to help strengthen an existing adverse possession claim.
Supporting laws: Mississippi Code § 15-1-13, § 15-1-15
Does the squatter have to pay property taxes for adverse possession in Mississippi?
In many states, squatters must pay property taxes to support adverse possession claims. However, Mississippi does not have this requirement, and paying property taxes does not impact the occupancy time requirement.
Squatters only need to prove 10 consecutive years of actual, hostile, open, and exclusive possession to successfully claim adverse possession. Paying property taxes can strengthen a squatter’s position, though, so landlords must stay current on all tax payments to avoid outcomes like ownership disputes and liens.
Supporting laws: Mississippi Code § 15-1-13, § 15-1-15
How to Legally Remove Squatters from Your Property
If you discover an unauthorized occupant living on your Mississippi property, you’ll need to follow specific legal steps to remove them safely and legally. Here’s how:
Step 1: Attempt to Convince The Squatter to Leave Willingly
Speaking directly with the squatter may work, but only if you feel safe to do so. Options like offering a cash-for-keys agreement, setting a firm move-out deadline, or providing relocation assistance may help you avoid the court-ordered removal process.
Important: You should never attempt self-help eviction methods, such as changing the locks or turning off utilities. Self-help eviction is illegal in Mississippi and carries penalties, including criminal charges, fines, and the potential dismissal of your eviction case.
Step 2: Get in Touch With Local Law Enforcement
You can also contact local law enforcement and request a visit to your property. Officers can assess the situation and determine whether the occupant qualifies as a trespasser; if so, they may remove the occupant immediately without the need for court action.
Step 3: File a Sworn Affidavit With Law Enforcement
If law enforcement cannot remove the squatter, you must evict them. Mississippi lawmakers have, however, streamlined the squatter removal process. The property owner must first file a sworn affidavit with local law enforcement, providing the squatter’s information and evidence of squatting.
Step 4: The Squatter Files a Reply
The sheriff serves the squatter with a citation, which gives them 24 hours to leave voluntarily before removal. The squatter then has 3 days to notify local courts that they wish to contest the allegation. If the squatter properly notifies the court, the Mississippi eviction process begins.
Step 5: Present Your Case in Front of a Judge
Your court hearing will take place within 7 days of the squatter’s contestation. Bring clear evidence of your lawful ownership and the squatter’s residence to strengthen your case, such as:
- A recorded deed in your name
- Utility bills, photos, or videos showing the squatter’s unauthorized presence on your property
- Police reports or witness statements from neighbors
- Records of previous property tax payments
The squatter will also have time to present their own evidence, which could include a color of title, tax payment records in their name, or other proof of long-term possession. The judge will review all evidence and arguments before issuing a judgment.
Step 6: Coordinate Removal of the Squatter
If the judge sides with you, the court will order the squatter to vacate your property within 24 hours. Should the squatter remain on your property after those 24 hours, law enforcement can remove them immediately. You can also dispose of any abandoned belongings right away.
Secure your property as soon as the squatter departs. Change the locks, repair damages, and schedule regular inspections to prevent squatters from targeting the property again.
Now that you know how to successfully remove squatters from your property, let’s go over a few prevention strategies to keep your rental investment safe.
Tips for Preventing Squatters from Occupying Your Property
The best way to stop squatters is to prevent unauthorized occupancy in the first place. With consistent oversight and fast action, you can easily keep your property out of the hands of squatters.
Inspect the property regularly: Visit your rental properties often, especially during periods of vacancy. Regular inspections will help you spot signs of forced entry and unauthorized use before squatters settle in.
Install security cameras: Visible cameras at entry points and common areas discourage illegal entry. Additionally, the footage can serve as valuable evidence if someone moves in without your permission.
Act quickly against trespassers: Contact law enforcement immediately if you notice someone on your property. This prevents squatters from gaining ground and establishing an adverse possession claim.
Secure all entry points: Lock doors, windows, and gates, as squatters often target properties with easy access points.
Maintain the property: Ensure all landscaping is up to date and collect mail regularly. Properties that look visibly unoccupied often appeal to squatters.
Fill vacancies quickly: If your property sits empty for an extended period, squatters may move in. Advertise your rental property to reduce the downtime between tenants.
Screen future tenants thoroughly: Before you approve a new renter, verify their identity, eviction history, and other background details. Strong tenant screening can reduce your risk of problem tenants and future evictions.
Landlords can easily keep out squatters using these strategies. For long-term prevention, you have a few other options available.
Digital Tools to Help Landlords Thwart Squatters
Property owners can easily navigate squatters’ rights and adverse possession in Mississippi by actively managing their properties, maintaining strong documentation, and responding quickly to unauthorized occupancy.
Using a reliable property management software, such as TurboTenant, helps landlords track vacancies and handle unauthorized occupants with ease.
Create your free account today to protect your rental investment from squatters and other threats.
FAQs: Squatters’ Rights & Adverse Possession Laws in Mississippi
How long does it take a squatter to claim property rights in Mississippi?
In Mississippi, a squatter must occupy a property for 10 continuous years to pursue adverse possession. The possession must also remain actual, open, hostile, exclusive, and uninterrupted for the entire period. Holding a color of title or making property tax payments does not shorten this timeline.
Can landlords remove squatters legally without taking legal action?
Sometimes. Unlike other states, Mississippi allows law enforcement to remove squatters within 24 hours of discovery, unless the squatter contests the allegation. In this case, the landlord must attend a court hearing and present evidence to obtain a court order removing the squatter.
What’s the difference between a squatter and a holdover tenant?
A squatter never obtains permission or a lease to occupy a property, while a holdover tenant legally rents a property but stays after the lease expires. Squatters qualify for expedited removal under Mississippi law, but holdover tenants require a full, court-ordered eviction.
Can a landlord turn off power or change locks to remove a squatter?
No. Shutting off utilities, changing locks, or forcing someone out without a court order counts as an illegal self-help eviction. Mississippi landlords must follow proper notice and court procedures, or they may face fines, criminal charges, and delays that can complicate the removal process.