Mississippi Complaint to Quiet Title by Adverse Possessor with Unknown Defendants

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A quiet title action is a civil lawsuit brought for the purpose of determining conflicting claims to real property. The action affects only those properties identified in the complaint. The action can target specific individuals who have or may claim an interest in the property (sometimes referred to as a quasi in rem proceeding); and it can sometimes be expanded to include all persons, known and unknown, who might have some interest in the property (an in rem action). A quiet title action, when properly conducted in accordance with statutory and constitu¬tional requirements, can resolve all claims and conflicts regarding the property in a single proceeding.


Most quiet title actions are based on adverse posses¬sion, in which the plaintiff alleges that he and his predecessors-in-interest have openly and notoriously claimed the property over a period of years and have paid the property taxes. Title to land can be acquired by holding it adversely to the true owner for a certain period of time. In this case, the person in possession gains title by adverse possession. The person in possession automatically becomes the owner of the property even though the person had no lawful claim to the land. In order to acquire title in this manner, possession must be actual, visible, exclusive, and continuous for a period of time. In Mississippi, the period of time is ten years. State statutes vary with regard to this period of time.


In addition to identifying adverse claimants, the plaintiff must undertake a diligent effort to give them notice of the action so that they can defend themselves. Since courts do not favor forfeitures of property interests, the plaintiff must satisfy both statutory and constitutional requirements for notice and due process. The best form of notice is personal service on the defendant(s). If a defendant cannot be served personally, states have enacted laws outlining the minimum procedures to be followed for constructive service of process on unknown or claimants that cannot be located. These minimum procedures may require mailing notice by certified mail, return receipt requested, to the last known address of a claimant; giving notice to the secretary of state for a defunct corporation; posting notice on the land; and publishing notice of the complaint in a local newspaper.

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FAQ

Adverse possession is one possible theory of ownership that might be asserted within a quiet title action. Adverse possession is one of the only ways to obtain ownership of property other than deed or inheritance.

Uncertain property boundaries between neighbors, boundary disputes, unclear ownership of inherited property, and claims of adverse possession are some of the common reasons for filing quiet title actions in California.

If the defendants don't respond within a certain period of time, a quiet title is awarded. Adverse possession: Commonly referred to as ?squatters' rights,? adverse possession involves someone openly taking up residence in a property for their use that they don't have legal right to.

The term ?quiet title? generally refers to any lawsuit that attempts to confirm ownership, fix a title error, or settle an ownership dispute. The end result of a quiet title lawsuit is a court order clarifying or confirming who owns the subject property. In other words, a quiet title fixes the chain of title.

In order for a court to find adverse possession, the possessor must prove that the possession is 1) under claim of right; 2) actual or hostile; 3) open, notorious, and visible; 4) exclusive; 5) continuous and uninterrupted for 10 years; and 6) peaceful.

Identify and mark your property boundaries. Inspect your land regularly for signs of trespassers. You may want to use ?no trespassing? signs and block entrances with gates. Although many states will not find a ?no trespassing? sign sufficient to prevent an adverse possession claim, it's a good way to deter trespassers.

Quiet Title Actions are Equitable in Nature For example, in a real property purchase and sale non-disclosure case, or a breach of contract case, an aggrieved party often recovers a sum of money as their damages. These are considered ?legal remedies?. However, quiet title actions are ?equitable? in nature. (Aguayo v.

The burden of proof extends to all of the necessary elements of such possession and includes the obligation to show that it was actual, open, continuous, and under a claim of right or title.? Holmes v. Johnson, 324 Mass. 450, 453, and cases cited. If any of these elements is left in doubt, the claimant cannot prevail.

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Mississippi Complaint to Quiet Title by Adverse Possessor with Unknown Defendants