Real Estate Law in Jackson, MS
What Is Real Estate Law?
Are you getting ready to purchase or sell some property? Are you involved in a property or real estate dispute? Or, maybe you are having trouble getting your landlord to make repairs to the home?
Whether or not you are a property owner or tenant, you have rights under Jackson, Mississippi real estate law. Developers, property managers, and investors can also face property issues. Common reasons for this include property rights, access, liabilities, and more. These matters are complicated, so the best first step is to seek the counsel of a qualified Jackson real estate attorney.
Types of Real Estate Law Disputes
Disputes involving real estate are very common and some of them are quite complex. They often require the intervention of the courts. The courts are seen as the most biased party to weigh in fairly. Learn more about the different types of real estate disputes below.
Escrow Deposit
If you decide to purchase any Jackson property, there are certain steps all involved parties must take. One is having an escrow account. A common reason escrow disputes occur is when the closing process fails and the buyer and seller cannot agree on what happens with the funds.
Easement Real Estate Dispute
Easement disputes are one of the most common forms of real estate disputes between neighbors, especially when property ownership changes. An easement allows other people or parties access to use certain portions of your property. Easements are not always granted by a property owner. Information regarding easements is often included in Jackson, MS property deeds. Regardless of the reason for the dispute, the resolution often involves hiring an experienced real estate law attorney. Still, one step you can take to resolve the matter before pursuing litigation is talking amicably with the other party.
Fraud/Omissions
Some unscrupulous sellers try to take advantage of buyers by withholding information. Ultimately, they may do this to impact the outcome of the transactions and future ownership. Proving fraud in a real estate transaction can be an uphill battle. It is almost always necessary to work with an experienced Jackson real estate lawyer to straighten things out.
Mississippi Code outlines the ways that a person can commit the offense of residential mortgage fraud in Jackson. For example, it is a crime to knowingly make any deliberate misstatements or omissions during the mortgage lending process. It is also mortgage fraud in Jackson if you file any deed with the Hinds County Chancery Court that contains a deliberate misstatement or omission. A single offense can carry a jail term of up to 10 years, and a fine of up to $5,000. Furthermore, a pattern of offenses can carry a jail term of up to 20 years, and up to $100,000 in fines.
Contract Breaches
No Jackson, Mississippi real estate transaction is enforceable without a contract. Not all contracts are valid. The requirements for what to include in a valid real estate agreement vary from state to state. However, documents that are missing certain elements or contain unclear or confusing language and in which one party breaches often result in real estate disputes between sellers and buyers. Real estate contracts are enforceable documents. You should never enter into a real estate transaction in Jackson without a valid mutually beneficial contract.
Landlord/Tenant
Disputes often arise when Mississippi landlords and tenants cannot agree on repairs, rent arrears, and more. Jackson, MS tenant and landlord laws are very complex, and failure to adhere to them can cause either party to violate the rights of the other. Not only is a valid rental agreement crucial, but so is having good legal counsel.
Under Mississippi law, a Jackson landlord must generally give a tenant 3 days’ written notice before eviction for nonpayment of rent. However, the landlord must give 14 days’ notice if the eviction is for other violations of the rental agreement. Be aware, that a Jackson landlord can evict without going to court if the rental agreement allows self-help eviction.
Boundary Lines
Property line disputes often arise in , when neighboring property owners disagree about boundaries. In many cases, these disagreements stem from genuine misunderstandings.
Defining property lines isn’t always straightforward, and property records can be inaccurate or hard to interpret. Most disputes involve issues like fencing, trees, or other boundary concerns. While some property owners might be tempted to handle the issue themselves, doing so can lead to bigger problems. When boundaries are unclear, seeking court intervention is often the most effective way to establish and enforce property lines.
Ownership
Ownership issues are common when an owner verbally transfers ownership without documentation. These disputes often happen when someone bequeaths their real estate to another without going through the proper process. Or, there can be other parties with ownership rights, such as certain lien holders.
Determining the rightful owner of a property in Jackson is not always easy. Many factors and issues can arise when disagreements over real estate exist.
Liens
Liens can impact your ability to own property or land free and clear. It is possible to sell a property that has liens on it. However, some liens can diminish a property’s sale price. Also, in many cases, liens must be cleared before securing a mortgage or financing.
Under Mississippi law, a judgment lien can be attached to either real estate or personal property in Jackson. If the court that rendered the judgment is outside Hinds County, the creditor must file a copy with the Hinds County Circuit Court Clerk. Furthermore, the lien remains attached to the property for seven years.
What Should You Do If You Become Involved in a Real Estate Dispute In Jackson, Mississippi?
If you have a real estate issue in which you feel your rights are being violated, or there is a specific issue that has you and another party in disagreement, you may want to speak with a qualified Jackson real estate lawyer. Regardless of the issues involved, you can benefit from having legal guidance.
Learn About Real Estate Law
Jackson real estate law is quite complex. You need to learn as much as you can about how real estate law applies to your circumstances. Your lawyer will help you to understand what’s at stake and develop a plan of action that helps protect your real estate rights.
Work With an Experienced Real Estate Attorney In Jackson, Mississippi
Real estate disputes make up the majority of litigation cases. Not all issues require you to go to trial. You should work with an experienced Jackson lawyer who has the knowledge and experience to get you the resolution you seek. Depending on your disagreement, the courts may include financial compensation and injunctions to prevent retaliation or recurring issues.
Get the legal help you need now. We help Mississippi landlords, renters, property and more resolve their real estate litigation. Additionally, we can even help you connect with an attorney across Mississippi state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
