Guide to Mississippi Real Property Law

Business.com / Legal / Last Modified: February 22, 2017

Mississippi real property law governs the ownership of land rather than personal property. The associated rights and obligations of ...

Mississippi real property law governs the ownership of land rather than personal property. The associated rights and obligations of real property have their origins in the common law of Medieval England. They can therefore be difficult to interpret under a modern legal system.

Some aspects of Mississippi estate laws will specifically affect business owners. Environmental laws determine how you dispose of the waste that your business creates and zoning laws regulate the type of business you can run on your property.

Keep the following points in mind when you speak with a Mississippi real estate attorney:

1. Property is not a tangible object in the strict legal sense. Rather, it is a collection of rights that are protected by Mississippi property laws. These rights include not only ownership but the right of use.

2. A person that possesses land is entitled to protect his ownership against anyone who is unable to demonstrate a superior claim.

3. A consensual transaction such as a sale or a gift is the most common way of obtaining an interest in property. However, ownership may change without the property owner’s consent, as in the case of bankruptcy or some other court judgment.

Obtain insurance from an agent familiar with Mississippi real estate law

The property laws in your state will affect the insurance that your particular business needs. Specific types of property insurance include protection from property damage, public liability and rent interruption.

Find a tax lawyer that is familiar with real estate laws in Mississippi

Taxes generally are higher on business property than residential property and most businesses will require the services of an estate attorney. Mississippi lawyers will ensure you pay your taxes on time and receive any deductions that you are allowed.

Hire an attorney that practices Mississippi property law to handle real estate transactions

A business owner should have a real estate attorney's assistance in drawing up a contract when buying, selling or renting property. Your attorney can ensure that the contract protects your interests and is legally enforceable.
  • Small businesses normally hire an attorney that practices Mississippi real property law by the hour, rather than keeping one on retainer. While a lawyer is necessary when buying and selling property, you can save money by completing as much paperwork as possible by yourself.

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