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Mississippi Statutes, Title 89

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Mississippi/Statutes

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Title 89, Real and Personal Property

21 chapters · 357 sections in this title.

All chapters in Title 89357 Ch 7, Landlord and Tenant63 Ch 1, Land and Conveyances61 Ch 12, Uniform Disposition of Unclaimed Pro…32 Ch 5, Recording of Instruments31 Ch 8, Residential Landlord and Tenant Act23 Ch 9, Condominiums19 Ch 22, Mississippi Uniform Disclaimer of Pr…19 Ch 11, Escheats16 Ch 17, Salvage14 Ch 23, Mississippi Uniform Environmental Co…14 Ch 13, Party Fences12 Ch 6, Mississippi Plane Coordinate System10 Ch 2, Liability of Recreational Landowners8 Ch 19, Mississippi Conservation Easements8

357 sections·Filtered byTitle 89✕

Miss. Code Ann. § 89-9-13 Incidents of condominium grant
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(1) Unless otherwise expressly provided in the deeds, declaration of restrictions or plan, incidents of a condominium grant are as follows:(1) The boundaries of the unit granted are the interior surfaces of the perimeter walls, floors, ceilings, windows and doors thereof, and the…
Miss. Code Ann. § 89-9-15 Partition of common areas or of tenancy in common in condominium
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Except as provided in Section 89-9-35, the common areas shall remain undivided, and there shall be no judicial partition thereof. Nothing herein shall be deemed to prevent partition of a tenancy in common in a condominium.
Miss. Code Ann. § 89-9-17 Recording, enforcement and provisions of declaration of restrictions
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(1) The owner of a project shall, prior to the conveyance of any condominium therein, record a declaration of restrictions relating to such project, which restrictions shall be enforceable equitable servitudes where reasonable, and shall inure to and bind all owners of condominiu…
Miss. Code Ann. § 89-9-19 Restrictions on sales and leases of units in project; first refusal of management not mandatory
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Showing 201–250 of 357

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The restrictions and covenants authorized by Section 89-9-17 may prescribe regulations concerning sales or leases of units, and any such restrictions and covenants shall be valid, but it shall not be mandatory that the management body be given the first right or refusal to purcha…

Miss. Code Ann. § 89-9-21 Liability of owner for assessment upon condominium; lien on assessed condominium; recording, priority, enforcement, etc., of lien

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A reasonable assessment upon any condominium made in accordance with a recorded declaration of restrictions permitted by Section 89-9-17 shall be a debt of the owner thereof at the time the assessment is made. The amount of any such assessment plus any other charges thereon, such…

Miss. Code Ann. § 89-9-23 Lien for labor performed or services or materials furnished

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No labor performed or services or materials furnished with the consent of or at the request of a condominium owner or his agent or his contractor or subcontractor shall be the basis for the filing of a lien against the condominium of any other condominium owner, or against any pa…

Miss. Code Ann. § 89-9-25 Acquisition, etc., of personal property by management body for benefit of condominium owners; transfer of beneficial interest

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Unless otherwise provided by a declaration of restrictions under Section 89-9-17, the management body, if any, provided for therein, may acquire and hold, for the benefit of the condominium owners, tangible and intangible personal property and may dispose of the same by sale or o…

Miss. Code Ann. § 89-9-27 Construction of deed, declaration, or plan for condominium project

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Any deed, declaration, or plan for a condominium project shall be liberally construed to facilitate the operation of the project, and its provisions shall be presumed to be independent and severable.

Miss. Code Ann. § 89-9-29 Liabilities of unit owners

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A. The liability of the owner of a unit for common expenses shall be limited to the amounts for which he is assessed from time to time in accordance with this chapter and the declaration. B. The owners of a unit shall have no personal liability for any damages caused by the gover…

Miss. Code Ann. § 89-9-3 Purpose of chapter

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The purpose of this chapter is to give statutory recognition to the condominium form of ownership of real property. It shall not be construed as repealing or amending any law now in effect except those in conflict herewith, and any such conflicting laws shall be affected only ins…

Miss. Code Ann. § 89-9-31 Taxes and special assessments; provisions of declaration enforceable after foreclosure of assessment, tax deed, etc.; exemption as homestead

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(1) Property taxes and special assessments assessed by municipalities, counties, the State of Mississippi, and other taxing authorities shall be assessed against and collected on the unit and the common areas and not upon the project as a whole. Each unit and common areas shall b…

Miss. Code Ann. § 89-9-33 Construction of local zoning ordinances

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Unless a contrary intent is clearly expressed, local zoning ordinances shall be construed to treat like structures, lots, or parcels in like manner regardless of whether the ownership thereof is divided by sale of condominiums or into community apartments rather than by lease of …

Miss. Code Ann. § 89-9-35 Action for partition of condominium project by sale thereof

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Where several persons own condominiums, as defined in the Mississippi Condominium Law, in a condominium project, as defined in said law, an action may be brought by one or more of such persons for partition thereof by sale of the entire project, as though the owners of all of the…

Miss. Code Ann. § 89-9-37 Action for partition of condominium project by sale; venue; powers of court; sale

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Such action for partition by sale shall be brought in the chancery court of that county in which the project or some part thereof is situated, subject to the provisions for partition of lands by sale, as far as applicable, and the court shall have power to make all such orders as…

Miss. Code Ann. § 89-9-5 Definitions

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(1) For the purpose of this chapter, the following words and phrases as used herein, unless a different meaning is plainly required by the context, shall have the following meanings:(1) “Condominium” means that form of ownership of property under which units of improvements are s…

Miss. Code Ann. § 89-9-7 Condominium constitutes real property

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A condominium is an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building on such real property, such as an apartment, office,…

Miss. Code Ann. § 89-9-9 Recordation of plan; amendment or revocation

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The provisions of this chapter shall apply to property divided or to be divided into condominiums only if there shall be recorded in the office of the chancery clerk in the county in which such property lies a plan consisting of (a) a description or survey map of the surface of t…

Miss. Code Ann. § 89-10-1 Short title

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This chapter shall be known and may be cited as the “Real Property Owners Protection Act”.

Miss. Code Ann. § 89-10-3 Definitions; right to manage property; crime of squatting; removal of squatter; hearing

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(1) (a) “Agent” means any person who contracts with the owner to assume all rights and duties of the owner or landlord or is given written authority by the owner to assume all rights and duties of the owner or landlord.(b) “Owner” means the person listed on the deed in the chance…

Miss. Code Ann. § 89-10-5 Right to manage property

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The right to manage, control or receive payments for any use of real property shall only belong to the owner of the property or a person designated by the owner for such purposes.

Miss. Code Ann. § 89-10-7 Crime of Unlawful use, control, or management of real property; penalties

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(1) Any person who, with the intent to detain or remain upon real property, knowingly and willfully presents to another person a false document purporting to be a valid lease agreement, deed, or other instrument conveying, granting or authorizing use, control or management of rea…

Miss. Code Ann. § 89-11-1 When property shall escheat

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If any person die intestate, seized of or holding, either in possession or in right, at the time of his death, real or personal property, or money or choses in action, whether such person were a citizen of the state or not, and leave no heir capable of inheriting the same, all su…

Miss. Code Ann. § 89-11-11 Proceedings in court

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The proceedings shall be conducted as other suits in the chancery court; and, if determined in favor of the state, the court shall decree the property escheated to the state, and thereby the state shall be seized and possessed of the property in law and in fact; but no final decr…

Miss. Code Ann. § 89-11-13 Persons in possession liable for rent or hire of escheated property

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The person in possession of escheated property shall be liable for the rent of real estate and hire of personal property, whether he claim title or not. Where the escheat is established, the court shall determine and decree rent or hire to the state, if any be due, and may make a…

Miss. Code Ann. § 89-11-15 Reports by escheator

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On the establishment of any escheat of land, the escheator shall, within thirty (30) days, report the fact to the land commissioner, giving a description of the land and its value, under the direction of the court. The land commissioner shall at once register the land in the regi…

Miss. Code Ann. § 89-11-17 Sale of escheated personalty; payment of debts

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The court which decrees any escheat thereof shall retain jurisdiction of personal property after decreeing the escheat, and shall require the same to be sold and the net proceeds to be paid into the state treasury; and it may provide for the payment of the debts of the deceased o…

Miss. Code Ann. § 89-11-19 How real estate subjected to payments of debts

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If the personal property of a deceased owner of escheated property be insufficient for the payment of his debts, or if there be no personal property, the petition of the creditor must show the fact. In such case the court will require the land commissioner to be notified of the p…

Miss. Code Ann. § 89-11-21 Where escheated land is recovered from the purchaser

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If escheated land be recovered from the purchaser at the suit of an heir of the deceased owner, by proceeding instituted within ten (10) years after the escheat was declared, the state will refund to the purchaser the purchase-money with three percent (3%) per annum interest; the…

Miss. Code Ann. § 89-11-23 Proceeds of personal property reclaimed

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Any person who is not concluded as a party or privy by a decree in favor of the state in proceedings to establish an escheat, may, at any time within six (6) years after the rendition of the decree, recover of the state, by suit, the net proceeds derived from the sale of personal…

Miss. Code Ann. § 89-11-25 Proceedings, where had

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Proceedings to recover real property or the proceeds of personalty escheated, shall be by bill to open the decree declaring the escheat, in the court in which the escheat was decreed.

Miss. Code Ann. § 89-11-27 Costs shall be allowed as in other cases

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In case the property be not escheated, the costs incurred in behalf of the state shall be paid out of the state treasury, and the court shall cause the same to be certified to the auditor of public accounts, who shall issue his warrant therefor. In case the property shall be adju…

Miss. Code Ann. § 89-11-29 Institution of escheat proceedings

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The land commissioner shall have the power to discharge all the duties and to exercise all the powers herein imposed and conferred upon the county administrator or the sheriff, as the case may be, and he may institute and conduct to final conclusion all escheat proceedings author…

Miss. Code Ann. § 89-11-3 County administrator or sheriff is escheator; his duty, and duty of the assessor

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The county administrator, if there be one, and, if none, the sheriff, shall be escheator for his county, and he shall ascertain by all practicable means what estate or property within his county, for defect of heirs, has escheated to the state, and he shall institute proceedings …

Miss. Code Ann. § 89-11-31 Sale of severed minerals which escheat to the state

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Any severed minerals which escheat to the state under the provisions of Section 89-11-1 et seq. shall, within six (6) months after the rendition of a final decree declaring the property escheated to the state, be sold at the door of the courthouse in the county, or in the judicia…

Miss. Code Ann. § 89-11-5 Proceedings to establish escheats

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In all cases when property may have escheated to the state, it shall be the duty of the escheator of the county in which said property may be to file in the chancery court a bill in the name of the state to have the escheat judicially declared; the bill shall contain a statement …

Miss. Code Ann. § 89-11-7 What persons summoned; publication made

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On the filing of the bill, the clerk shall issue a summons to all persons residing in this state and named in the bill as having or claiming an interest in the property, and also to the person named as being in possession, to appear and answer the same; and he shall give notice, …

Miss. Code Ann. § 89-11-9 A claimant not a party may answer

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Any person who claims an estate or interest in property against which proceedings have been instituted to have an escheat judicially declared, though not named in the bill or summoned, may, nevertheless, appear and answer the bill, interposing his title or claim, but shall not re…

Miss. Code Ann. § 89-12-1 Short title

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This chapter shall be known and may be cited as the “Uniform Disposition of Unclaimed Property Act.”

Miss. Code Ann. § 89-12-11 Presumed abandonment of dividend, interest and the like held or owing by business association for or to shareholder, bondholder and the like

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(1) Subject to the provisions of Section 89-12-17, and except as otherwise provided in subsections (2) and (5) of this section, stock or other intangible ownership interest in a business association which is held by the association, the existence of which is evidenced by records …

Miss. Code Ann. § 89-12-13 Presumed abandonment of intangible personal property held by fiduciary

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Subject to the provisions of Section 89-12-17, any intangible personal property and any income or increment thereon, held in a fiduciary capacity for the benefit of another person shall be presumed abandoned unless the owner has, within five (5) years after it became payable or d…

Miss. Code Ann. § 89-12-14 Presumed abandonment of intangible property held by business association, federal, state or local government or governmental subdivision, agency or entity

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(1) All intangible property, including, but not limited to, any interest, dividend, or other earnings thereon, less any lawful charges, held by a business association, federal, state or local government or governmental subdivision, agency or entity, or any other person or entity,…

Miss. Code Ann. § 89-12-15 Presumed abandonment of intangible personal property held in ordinary course of holder’s business

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All intangible personal property not otherwise covered by the provisions of this chapter, including any income or increment thereon and deducting any charges that may have accrued, that is held in the ordinary course of the holder’s business and has remained unclaimed by the owne…

Miss. Code Ann. § 89-12-16 Presumed abandonment of tangible personal property or intangible personal property held by federal government, federal agency, or any officer or appointee thereof

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(1) All tangible personal property or intangible personal property, including choses in action in amounts certain, and all debts owed or entrusted funds or other property held by the federal government, or any federal agency, or any officer, or appointee thereof, shall be presume…

Miss. Code Ann. § 89-12-17 Additional conditions for presumption of abandonment of intangible personal property

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(a) Unless otherwise provided by statute of this state, intangible personal property shall be presumed abandoned under the provisions of this chapter if the conditions for presumption of abandonment stated in the provisions of this chapter exist, and if:(a) The last-known address…

Miss. Code Ann. § 89-12-19 Additional conditions for presumption of abandonment of sum payable on money order, traveler’s check and the like

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(a) Any sum payable on a money order, traveler’s check, or other similar written instrument (other than a third-party bank check) on which a business association is directly liable shall be presumed abandoned under the provisions of this chapter if the conditions for presumption …

Miss. Code Ann. § 89-12-21 Recovery by another state of property paid or delivered to treasurer under this chapter

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(1) At any time after property has been paid or delivered to the treasurer under the provisions of this chapter, another state shall be entitled to recover the property if:(a) The property was presumed abandoned in this state under the provisions of paragraph (b) of Section 89-12…

Miss. Code Ann. § 89-12-23 Report to treasurer by holder of property presumed abandoned

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(1) Every person holding funds or other intangible personal property presumed abandoned under the provisions of this chapter shall report to the Treasurer with respect to the property as hereinafter provided. (2) The report shall be verified, shall be on a form prescribed or appr…

Miss. Code Ann. § 89-12-25 Agreements to locate property presumed abandoned; prohibitions; approval

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(1) It is unlawful for a person to seek to receive from another person or contract with a person for a fee or compensation for locating property which he knows has been reported, paid or delivered to the Treasurer pursuant to the provisions of this chapter prior to seven (7) mont…

Miss. Code Ann. § 89-12-27 Published notice of names of persons appearing to own property presumed abandoned; mailed notice

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(1) Within one hundred twenty (120) days from the filing of the report required by Section 89-12-23, the Treasurer shall cause notice to be published in a newspaper having general circulation in the county of this state in which is located the last-known address of any person to …

Miss. Code Ann. § 89-12-29 Payment or delivery of abandoned property to treasurer

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(1) Except as otherwise provided in subsection (2) of this section, a person who is required to file a report under Section 89-12-23 shall pay or deliver to the Treasurer all abandoned property together with the report. (2) If the owner established the right to receive the abando…