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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. § 89-17-9 How claims for salvage service rendered shall be filed and prosecuted
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Whenever any person shall desire to claim compensation for any salvage service rendered by him in reclaiming and protecting from loss, damage, injury or destruction, any saw log, sawn or hewn timber, lumber, boat or other water craft, or other floatable thing of value, that may h…
Miss. Code Ann. § 89-19-1 Short title
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This chapter shall be known as the “Mississippi Conservation Easement Act of 1986.”
Miss. Code Ann. § 89-19-11 Capital improvements on property upon which easements have been granted
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With the exception of “Mississippi Landmarks,” as defined by the Antiquities Law of Mississippi (Section 39-7-1 et seq., Mississippi Code of 1972) and of properties entered in the National Register of Historic Places, no public money, derived either from a special fund or the Gen…
Miss. Code Ann. § 89-19-13 Interests to which chapter applies; relation to other laws
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(1) This chapter shall apply to an interest created after March 27, 1986, whether the interest is designated as a conservation easement or as a covenant, equitable servitude, restriction, easement or otherwise, as long as such interest complies with the provisions of this chapter…

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Miss. Code Ann. § 89-19-15 Recorded easements to be filed with Attorney General and Department of Wildlife, Fisheries, and Parks

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Whenever any instrument conveying a conservation easement is recorded after April 18, 1988, the clerk of the court recording it shall mail certified copies thereof, together with notice as to the date and place of recordation, to the Attorney General of the State of Mississippi a…

Miss. Code Ann. § 89-19-3 Definitions

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(1) For purposes of this chapter, the following words shall have the meaning ascribed herein unless the context otherwise requires:(1) “Conservation easement” shall mean a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations, the pur…

Miss. Code Ann. § 89-19-5 General provisions relating to conservation easement; acceptance; recordation; duration

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(1) Except as otherwise provided by this chapter, a conservation easement may be created, conveyed, recorded and assigned, in the same method and manner as other easements. (2) No right or duty in favor of or against a holder and no right of a person having a third-party right of…

Miss. Code Ann. § 89-19-7 Actions affecting easements

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(1) Any action to enforce a conservation easement may be brought by:(a) An owner of an interest in the real property burdened by the easement;(b) A holder of the easement;(c) A person having a third-party right of enforcement;(d) The Attorney General of the State of Mississippi;(…

Miss. Code Ann. § 89-19-9 Validity of easements not affected by certain conditions

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(a) A conservation easement shall be valid despite the following:(a) It is not appurtenant to an interest in real property;(b) It may be or has been assigned to another holder;(c) It is not of a character that has been traditionally recognized at common law;(d) It imposes a negat…

Miss. Code Ann. § 89-22-1 Short title

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This chapter may be cited as the “Mississippi Uniform Disclaimer of Property Interests Act (2002/2010).”

Miss. Code Ann. § 89-22-11 Disclaimer of interest in property

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(a) In this section:(1) “Future interest” means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation.(2) “Time of distribution” means the time when a disclaimed interest would have taken effect in possession or enjoyment. (1) “F…

Miss. Code Ann. § 89-22-13 Disclaimer of rights of survivorship in jointly held property

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(a) Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or in part, the incremental portion of the jointly held property devolving to the surviving holder by right of survivorship. (b) A disclaimer under subsection (a) of this section ta…

Miss. Code Ann. § 89-22-15 Disclaimer of property held as tenants by the entirety

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(a) The survivorship interest in property held as a tenancy by the entirety to which the survivor succeeds by operation of law upon the death of the cotenant may be disclaimed as provided in this chapter. For purposes of this chapter only, the deceased tenant’s interest in proper…

Miss. Code Ann. § 89-22-17 Disclaimer of interest by trustee

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(a) If a trustee disclaims an interest in property that otherwise would have become trust property:(1) The interest does not become trust property;(2) The disclaimer:(A) Takes effect as of the time the trust became irrevocable; and(B) Relates back for all purposes to the time the…

Miss. Code Ann. § 89-22-19 Disclaimer of power of appointment or other power not held in fiduciary capacity

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(1) If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply:(1) If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.(2) If the h…

Miss. Code Ann. § 89-22-21 Disclaimer by appointee, object, or taker in default of exercise of power of appointment

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(a) A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable. (b) A disclaimer of an interest in property by an object or taker in default of an exercis…

Miss. Code Ann. § 89-22-23 Disclaimer of power held in fiduciary capacity

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(a) If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable. (b) If a fiduciary disclaims a power held in a fiduciary capacity which has been exerc…

Miss. Code Ann. § 89-22-25 Delivery or filing

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(a) In this section, “beneficiary designation” means an instrument, other than an instrument creating a trust, naming the beneficiary of:(1) An annuity or insurance policy;(2) An account with a designation for payment on death;(3) A security registered in beneficiary form;(4) A p…

Miss. Code Ann. § 89-22-27 When disclaimer barred or limited

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(a) A disclaimer is barred by a written waiver of the right to disclaim. (b) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:(1) The disclaimant accepts the interest sought to be disclaimed;(2) The dis…

Miss. Code Ann. § 89-22-29 Tax-qualified disclaimer

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(a) Notwithstanding any other provision of this chapter, if as a result of a disclaimer or transfer, the disclaimed or transferred interest is treated under the provisions of Title 26 of the United States Code, as now or hereafter amended, or any successor statute thereto, and th…

Miss. Code Ann. § 89-22-3 Definitions

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(1) In this chapter:(1) “Disclaimant” means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made.(2) “Disclaimed interest” means the interest that would have passed to the disclaimant had the disclaimer not been made.(3) “Disclaimer…

Miss. Code Ann. § 89-22-31 Recording of disclaimer

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(a) A disclaimer of an interest in or relating to real property does not provide constructive notice to all persons unless the disclaimer contains a legal description of the real property to which the disclaimer relates and unless the disclaimer is filed for recording in the offi…

Miss. Code Ann. § 89-22-33 Application to existing relationships

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Except as otherwise provided in Section 89-22-27, an interest in or power over property existing on July 1, 2020, as to which the time for delivering or filing a disclaimer under law superseded by this chapter has not expired may be disclaimed after July 1, 2020.

Miss. Code Ann. § 89-22-35 Uniformity of application and construction

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In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Miss. Code Ann. § 89-22-37 Severability clause

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If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provision…

Miss. Code Ann. § 89-22-5 Scope

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This chapter applies to disclaimers of any interest in or power over property, whenever created.

Miss. Code Ann. § 89-22-7 Chapter supplemented by other law

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(a) Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter. (b) This chapter does not limit any right of a person to waive, release, disclaim, or renounce an interest in or power over property under a law other than this chapter.…

Miss. Code Ann. § 89-22-9 Power to disclaim; general requirements; when irrevocable

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(a) A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation…

Miss. Code Ann. § 89-23-1 Short title

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This chapter may be cited as the Mississippi Uniform Environmental Covenants Act.

Miss. Code Ann. § 89-23-11 Relation of this chapter to other land-use laws

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This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or …

Miss. Code Ann. § 89-23-13 Notice requirement; penalty for failure to provide notice

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(a) A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to:(1) Each person that signed the covenant;(2) Each person holding a recorded interest in the real property subject to the covenant;(3) Each person in possession of …

Miss. Code Ann. § 89-23-15 Recording of environmental covenant, amendment, and termination

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(a) An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee. (b) Except as otherwise …

Miss. Code Ann. § 89-23-17 Duration of environmental covenants

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(a) An environmental covenant is perpetual unless it is:(1) By its terms limited to a specific duration or terminated by the occurrence of a specific event;(2) Terminated by consent pursuant to Section 89-23-19;(3) Terminated by foreclosure of an interest that has priority over t…

Miss. Code Ann. § 89-23-19 Amendment or termination of environmental covenant; consent

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(a) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by:(1) The agency;(2) Unless waived by the agency, the current owner of the fee simple of the real property subject to the covenant;(3) The commission, unless it w…

Miss. Code Ann. § 89-23-21 Violation of environmental covenant; injunctive relief

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(a) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:(1) A party to the covenant;(2) The agency;(3) The commission;(4) Any person to whom the covenant expressly grants power to enforce;(5) A person whose inter…

Miss. Code Ann. § 89-23-23 Application and construction of chapter

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In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Miss. Code Ann. § 89-23-25 Relation of chapter to federal law

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This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 USCS Section 7001 et seq.) but does not modify, limit, or supersede Section 101 of that act (15 USCS Section 7001(a)) or authorize electronic delivery of any of …

Miss. Code Ann. § 89-23-27 Severability

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If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provision…

Miss. Code Ann. § 89-23-3 Definitions

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(1) In this chapter:(1) “Activity and use limitations” means restrictions or obligations created under this chapter with respect to real property.(2) “Agency” means the Mississippi Department of Environmental Quality or any other state or federal agency that determines or approve…

Miss. Code Ann. § 89-23-5 Holder defined; rights and obligations; subordination of rights

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(a) Any person, including a person that owns an interest in the real property, a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one (1) holder. The interest of a holder is an interest in real property. (b) A right…

Miss. Code Ann. § 89-23-7 Contents of environmental covenant

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(a) An environmental covenant must:(1) State that the instrument is an environmental covenant executed pursuant to this chapter;(2) Contain a legally sufficient description of the real property subject to the covenant;(3) Describe the activity and use limitations on the real prop…

Miss. Code Ann. § 89-23-9 Validity of environmental covenant; effect on other instruments

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(a) An environmental covenant that complies with this chapter runs with the land. (b) An environmental covenant that is otherwise effective is valid and enforceable even if:(1) It is not appurtenant to an interest in real property;(2) It can be or has been assigned to a person ot…

Miss. Code Ann. § 89-25-1 Short title

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This chapter shall be known and may be referred to as the “Mississippi Uniform Statutory Rule Against Perpetuities.”

Miss. Code Ann. § 89-25-11 Prospective application

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(1) Except as provided by subsection (2) of this section, this chapter applies to a nonvested property interest or a power of appointment that is created on or after July 1, 2015. For purposes of this section, a nonvested property interest or a power of appointment created by the…

Miss. Code Ann. § 89-25-13 Uniformity

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This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.

Miss. Code Ann. § 89-25-15 Supersession

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This chapter supersedes the rule of the common law known as the rule against perpetuities.

Miss. Code Ann. § 89-25-3 Statutory rule against perpetuities

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(1) A nonvested property interest is invalid unless:(a) When the interest is created, it is certain to vest or terminate no later than twenty-one (21) years after the death of an individual then alive; or(b) The interest either vests or terminates within ninety (90) years after i…

Miss. Code Ann. § 89-25-5 When nonvested property interest or power of appointment is created

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(1) Except as provided in subsections (2), (3) and (4) of this section and in Section 89-25-11(1), the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law. (2) For purposes of this chapter, if there is…

Miss. Code Ann. § 89-25-7 Reformation

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(a) Upon petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor’s manifested plan of distribution and is within the ninety (90) years allowed by Section 89-25-3(1)(b), (2)(b) or (3)(b) or the three hundred …

Miss. Code Ann. § 89-25-9 Exclusions from the statutory rule against perpetuities

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(a) Section 89-25-3 shall not apply to:(a) A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of:(i) A premarital or postmarital agreement;(ii) A separation or d…