Mississippi License regarding encroachment on property

State:
Mississippi
Control #:
MS-60642
Format:
Word; 
Rich Text
Instant download

Description

An easement holder grants a license to another when a proposed constructed object creates an encroachment upon the easement site.

Definition and meaning

The Mississippi License regarding encroachment on property is a legal document that permits a party (the Licensee) to use a specific portion of land that encroaches on another's property. This license helps to legally formalize the use of land while addressing potential risks and liabilities that may arise from such encroachment.

How to complete a form

To complete the Mississippi License regarding encroachment, follow these steps:

  • Gather required information: This includes details about the property, the Licensee, and any other involved parties.
  • Fill out the form: Provide accurate descriptions of the encroachment and how it interacts with the surrounding properties.
  • Review the license terms: Make sure to understand the obligations and rights outlined in the license.
  • Notarization: Arrange for the document to be signed in the presence of a notary public to ensure its legality.

Who should use this form

The Mississippi License regarding encroachment on property is useful for individuals or entities that are planning to utilize a portion of land that extends beyond the boundaries of their property. This includes homeowners, businesses, and contractors who may require permission to operate on or modify nearby land.

Legal use and context

This license is particularly relevant in situations where a project or installation overlaps with another's property boundary. It provides legal protection for the Licensee and ensures that both parties understand their rights and responsibilities to avert future disputes regarding the use of the property.

Key components of the form

The Mississippi License regarding encroachment includes several critical components:

  • Identification of the parties: Names and addresses of the Licensee and the property owner.
  • Description of the encroachment: Clear details of what is being installed or built.
  • Terms of use: Conditions under which the Licensee may operate on the property.
  • Indemnity clause: Provisions for legal protection against claims arising from the encroachment.

Common mistakes to avoid when using this form

When completing the Mississippi License regarding encroachment, be cautious of these common errors:

  • Incomplete information: Ensure all required fields are filled out accurately.
  • Ignoring local regulations: Be aware of any local laws that may affect the license.
  • Failure to notarize: Neglecting to have the document notarized can render it unenforceable.
  • Forgetting to communicate: Maintain open communication with all parties involved to prevent misunderstandings.
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How to fill out Mississippi License Regarding Encroachment On Property?

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FAQ

For example, a land surveyor's cost could range from 50 cents to 70 cents per foot on average for surveying large boundary areas.

If you know where the boundary is and you don't need to follow the process for party walls, the best approach is to talk to your neighbour. Talk to them face to face if you can - make a note of what you agreed. If you don't feel comfortable speaking to them, write to them or ask someone to contact them for you.

A Land Survey Works Wonders for Boundary Disputes. If you feel like your neighbor has or is developing on top of your land, you may want to get a professional land survey. Talk it Over and Offer Concessions. Bring on a Neutral Third Party. Hire a Qualified Estate Attorney.

As a last resort, if you feel confident that your property is being encroached upon, you can file a claim in court and ask a judge to decide the boundariesbut the more you involve the legal system, the more cost you will incur.

Property Survey Cost. The typical cost for a property survey ranges from $300 to $800 with most homeowners spending about $500. Many cost factors go into pricing such as the type of survey needed and the size of the plot.

A neighbor will not own the part of a structure that encroaches on their land. Instead, the encroachment will be viewed as an act of trespass. Also, although the neighbor will be able to sue that person for trespass, they will not automatically gain legal title to the portion of the building that is now on their land.

Talk to your neighbor: Your neighbor may be willing to move whatever is on your property over to theirs if it's something like a garden or something else that can be easily moved. Sell the land to your neighbor: Another option would be to sell the land that's being encroached upon by your neighbor to that neighbor.

Understanding Adverse Possession in Mississippi. A squatter can claim rights to the property after a certain time of residing there. In Mississippi, it takes 10 years of continuous occupation for a squatter to make an adverse possession claim (Miss.

Use of land belonging to another. There must be a claim of ownership. The use must be adverse to the interests of the true owner. Open, notorious and visible. Continuous and uninterrupted. Exclusive use. Peaceful use. The fence or driveway exception.

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Mississippi License regarding encroachment on property