Title 89 — Real and Personal Property

Mississippi Code of 1972 — Title 89. Real and Personal Property

Text as published by FindLaw, current as of 2025-01-01.

Miss. Code Ann. § 1-1-9 asserts that copyright in the Mississippi Code of 1972, including catchlines, section numbering, source lines and annotations, is owned by the State of Mississippi.

Chapter 1 Land and Conveyances

§ 89-1-1

Any interest in or claim to land may be conveyed to vest immediately or in the future, by writing signed and delivered; and such writing shall have the effect to transfer, according to its terms, the title of the person signing and delivering it, with all its incidents, as fully and perfectly as if it were transferred by feoffment with livery of seizin, notwithstanding there may be an adverse possession thereof.

§ 89-1-3

An estate of inheritance or freehold, or for a term of more than one year, in lands shall not be conveyed from one to another unless the conveyance be declared by writing signed and delivered.

§ 89-1-5

Every estate in lands granted, conveyed, or devised, although the words deemed necessary by the common law to transfer an estate of inheritance be not added, shall be deemed a fee-simple if a less estate be not limited by express words, or unless it clearly appear from the conveyance or will that a less estate was intended to be passed thereby.

§ 89-1-7

All conveyances or devises of land made to two (2) or more persons, including conveyances or devises to husband and wife, shall be construed to create estates in common and not in joint tenancy or entirety, unless it manifestly appears from the tenor of the instrument that it was intended to create an estate in joint tenancy or entirety with the right of survivorship. But an estate in joint tenancy or entirety with right of survivorship may be created by such conveyance from the owner or owners to himself, themselves or others, or to himself, themselves and others.

An estate in joint tenancy or entirety with right of survivorship between spouses may be terminated by deed of one spouse to the other without necessity of joinder of the grantee spouse and without regard to whether the property constitutes any part of the homestead of the spouses.

§ 89-1-9

A conveyance or devise of land or other property to any person for life, with remainder to his heirs or heirs of his body, shall be held to create an estate for life in such person, with remainder to his heirs or heirs of his body, who shall take as purchasers, by virtue of the remainder so limited to them.

§ 89-1-11

When an estate is, by any conveyance, limited in remainder to the son or daughter of any person, to be begotten such son or daughter born after the decease of the father, shall take the estate in the same manner as if he or she had been born in the lifetime of the father, although no estate shall have been conveyed to support the contingent remainder after his death.

§ 89-1-13

Every contingent limitation in any conveyance or will made to depend upon the dying of any person without heirs or heirs of the body, or without issue or issue of the body, or without children, or offspring, or descendant, or other relative, shall be held and interpreted as a limitation, to take effect when such person shall die not having such heir, or issue, or child, or offspring, or descendant, or other relative, as the case may be, living at the time of his death, or born to him within ten (10) months thereafter, unless the intention of such limitation be otherwise expressly and plainly declared on the face of the instrument creating it.

§ 89-1-15

Estates in fee tail are prohibited; and every estate which, but for this statute, would be an estate in fee tail, shall be an estate in fee simple; but any person may make a conveyance or a devise of lands to a succession of donees then living, and upon the death of the last of said successors to any person or any heir.

§ 89-1-17

All alienations and warranties of lands purporting to convey or pass a greater estate than the grantor may lawfully convey or pass, shall operate as alienation or warranties of so much of the right and estate in such lands as the grantor could lawfully convey, but shall not pass or bar the right to the residue of the estate purported to be conveyed; nor shall the alienation of any particular estate on which a remainder may depend, whether such alienation be by will or other writing, nor the union of such particular estate with the inheritance, by purchase or by descent, so operate, by merger or otherwise as to defeat, impair, or in any way affect such remainder.

§ 89-1-19

If any disseizor of lands who has no right or title therein, die seized thereof, his dying seized shall not be such descent in law to the heir of the disseizor as to take away the entry of the person who, at the time of such descent, had lawful right of entry.

§ 89-1-21

All bodies politic and public corporations may convey their lands by and under the corporate seal and the signature of an officer; and such officer signing the same may acknowledge the execution of the deed, or proof thereof may be made as in other cases.

Any private corporation may convey lands by a conveyance signed in its name by an officer or by an authorized agent or attorney in fact; and such officer, agent or attorney in fact signing the same may acknowledge the execution of the conveyance, or proof thereof may be made as in other cases. The absence of the corporate seal shall not affect the validity of a conveyance by a private corporation so executed.

§ 89-1-23

Resident aliens may acquire and hold land, and may dispose of it and transmit it by descent, as citizens of the state may. Except as otherwise provided in this section and Sections 89-27-5 and 89-27-7, nonresident aliens shall not hereafter acquire or hold land, but a nonresident alien may have or take a lien on land to secure a debt, and at any sale thereof to enforce payment of the debt may purchase the same, and thereafter hold it, not longer than twenty (20) years, with full power during said time to sell the land, in fee, to a citizen; or he or she may retain it by becoming a citizen within that time. All land held or acquired contrary to this section shall escheat to the state; but a title to real estate in the name of a citizen of the United States, or a person who has declared his or her intention of becoming a citizen, whether resident or nonresident, if he or she be a purchaser or holder, shall not be forfeited or escheated by reason of the alienage of any former owner or other person.

Any person who was or is a citizen of the United States and became or becomes an alien by reason of marriage to a citizen of a foreign country, may hereafter inherit, or if he or she heretofore inherited or acquired or hereafter inherits, may hold, own, transmit by descent or transfer land free from any escheat to the State of Mississippi, if said land has not heretofore escheated by final valid order or decree of a court of competent jurisdiction.

Nonresident aliens who are citizens of Syria or the Lebanese Republic may inherit property from citizens or residents of the State of Mississippi.

Except as provided in Sections 89-27-5 and 89-27-7, nonresident aliens may acquire and hold not to exceed three hundred twenty (320) acres of land in this state for the purpose of industrial development thereon. In addition, any nonresident alien may acquire and hold not to exceed five (5) acres of land for residential purposes. The nonresident alien may dispose of any such land, but if any land acquired for industrial development ceases to be used for industrial development while owned by a nonresident alien, it shall escheat to the state. The limitation set forth in this paragraph shall not apply to corporations in which the stock thereof is partially or wholly owned by nonresident aliens; and title to real estate acquired by, and held in the name of, any corporation, limited partnership, general partnership, limited liability partnership, limited liability company, joint venture, joint-stock company or business trust organized and existing under the laws of the State of Mississippi or of any other state or the federal laws of the United States of America for purposes of development thereon of one or more projects, as defined in Section 57-75-5(f)(xxxi), shall not be forfeited or escheated by reason of the alienage of any former owner or other person if said land has not heretofore escheated to the State of Mississippi by final valid order or decree of a court of competent jurisdiction. The limitation set forth in this section shall also not apply to any real estate acquired by, and held in the name of, any corporation, limited partnership, general partnership, limited liability partnership, limited liability company, joint venture, joint-stock company or business trust organized and existing under the laws of the State of Mississippi or of any other state or the federal laws of the United States of America for purposes of developing, owning and/or operating a project, as defined in Section 57-75-5(f)(xxxii).

Land that is classified as an industrial or residential zone, but is otherwise used as forest or agricultural land in the performance of forest or agricultural activities, shall serve as a prima facie case as to the purpose of the land being devoted to forestry and agriculture and shall make the land and the nonresident alien subject to the provisions of Sections 89-27-5 and 89-27-7.

§ 89-1-25

In all cases where a board of trustees of any school district, governing authorities of any municipality or board of supervisors of any county in the State of Mississippi has heretofore attempted to convey or to obtain title to real property or any interest therein and thereafter any question of title arises with reference to the procedure of conveyance, description of the property attempted to be conveyed or obtained or other matters connected therewith, and the governing authority of said school district, municipality or county determines by order entered on its minutes that the said political subdivision is asserting no further claim of title, that at the time of said attempted conveyance or disposition of said property, if property was conveyed or disposed of by the political subdivision, the said political subdivision did then receive the fair and reasonable market value of said property, and that a period of at least five (5) years has elapsed from the date of the said original attempted conveyance or disposition or obtaining of title of said property; the said board of trustees of said school district, governing authorities of said municipality or board of supervisors of said county, as the case may be, is thereupon hereby authorized, in its discretion, to execute quitclaim deeds and disclaimers of title on behalf of said political subdivision, after which any right or claim of said political subdivision in and to said realty shall be cut off and not thereafter brought into issue. Any such quitclaim deed or disclaimer of title heretofore executed by or on behalf of said political subdivision in accordance with the foregoing shall likewise be valid if executed in accordance with the provisions hereof.

§ 89-1-27

Conveyances by masters, commissioners, sheriffs, and constables for lands sold by virtue of any decree or judgment of any court in this state, shall be good and effectual for passing all the interest the defendant had in the lands to the purchaser thereof, but shall not prejudice the rights of other claimants. In case any master, commissioner, sheriff, or other officer should, for any cause whatever, fail or omit to make such conveyance, without good cause for the omission or failure, during his continuance in office, the court which rendered the judgment or decree may, on petition for that purpose, order the successor of such master, commissioner, sheriff, or other officer, to make a proper conveyance to the purchaser; and all conveyances made by masters, commissioners, sheriffs, or other officers, shall be acknowledged or proved and recorded as other conveyances. In case any tax collector should fail to make a conveyance for land sold by him for taxes of any kind during his continuance in office, the board of supervisors of the proper county, on petition for that purpose and proof of the purchase and payment of the money, may order the successor of such tax collector to make a conveyance to the purchaser.

§ 89-1-29

A conveyance, mortgage, deed of trust or other incumbrance upon a homestead exempted from execution shall not be valid or binding unless signed by the spouse of the owner if the owner is married and living with the spouse or by an attorney in fact for the spouse. But where the spouse of the owner of the homestead exempted from execution has been adjudicated incompetent, then the owner of the homestead may file a petition in the chancery court and allege in the petition the incompetence of the spouse and the adjudication of incompetency of the spouse and the facts of the case. The summons for the spouse who has been adjudicated incompetent shall be issued and be served in the same manner as process is served in other cases on persons who are incompetent. The court shall hear the case in vacation or in termtime as in other cases, and if the court finds the spouse to be incompetent and the owner entitled to relief, the court by decree shall authorize and empower the owner to execute a conveyance, mortgage, deed of trust or other incumbrance upon the homestead without the signature of the spouse. However, no mortgage or deed of trust executed in favor of the Farmers Home Administration at the time of the purchase of real estate to secure the payment of the money used to purchase the real estate shall be invalid because it is not signed by the spouse of the owner. All powers of attorney authorizing any conveyance, mortgage, deed of trust or other incumbrance upon a homestead shall designate an attorney in fact other than the spouse and shall comply with the provisions of Chapter 3 of Title 87.

§ 89-1-33

The word “warrant” without restrictive words in a conveyance shall have the effect of embracing all of the five (5) covenants known to common law, to wit: seizin, power to sell, freedom from incumbrance, quiet enjoyment and warranty of title.

§ 89-1-35

The words “warrant specially,” in a conveyance, shall constitute a covenant that the grantor, his heirs and personal representatives, will forever warrant and defend the title of the property unto the grantee and his heirs, representatives, and assigns, against the claims of all persons claiming by, through, or under the grantor.

§ 89-1-37

A conveyance without any warranty shall operate to transfer the title and possession of the grantor as a quitclaim and release.

§ 89-1-39

A conveyance of quitclaim and release shall be sufficient to pass all the estate or interest the grantor has in the land conveyed, and shall estop the grantor and his heirs from asserting a subsequently acquired adverse title to the lands conveyed.

§ 89-1-41

The words “grant, bargain, sell,” shall operate as an express covenant to the grantee, his heirs and assigns, that the grantor was seized of an estate, free from incumbrance made or suffered by the grantor, except the rents and services that may be reserved, and also for quiet enjoyment against the grantor, his heirs and assigns, unless limited by express word contained in the conveyance; and the grantee, his heirs, executors, administrators, and assigns, may, in any action, assign breaches as if the covenants above mentioned were expressly inserted.

§ 89-1-43

Estates of any kind holden or possessed in trust for another, shall be subject to the like debts and charges of the person to whose use or for whose benefit they are holden or possessed as they would have been subject to them if the person had owned the like interest in the thing holden or possessed as he may own in the uses or trusts thereof, whether the trusts be fully executed or not. Said estates may be sold under execution at law, so as to pass whatever interest the cestui que trust may have; and, before a sale under a mortgage or deed of trust, the mortgagor or grantor shall be deemed the owner of the legal title of the property conveyed in such mortgage or deed of trust, except as against the mortgagee and his assigns, or the trustee after breach of the condition of such mortgage or deed of trust.

§ 89-1-45

Every mortgage given at the time of the purchase of real estate to secure the payment of the purchase money, whether such mortgage be given to the seller or to a third-party lender, shall be entitled to a preference over all judgments and other debts of the mortgagor, which preference shall extend only to the land purchased.

§ 89-1-47

A conveyance or other writing absolute on its face, where the maker parts with the possession of the property conveyed by it, shall not be proved, at the instance of any of the parties, by parol evidence, to be a mortgage only, unless fraud in this procurement be the issue to be tried.

§ 89-1-49

(1) Except as provided in subsections (2) and (4) of this section, payment of the money secured by any mortgage or deed of trust shall extinguish it, and revest the title in the mortgagor as effectually as if reconveyed.

(2) This section shall have no application to security agreements executed under the Mississippi Uniform Commercial Code nor to security interests created by such security agreements.

(3) As used in this section, the term “line of credit” means any loan, extension of credit or financing arrangement where the lender has agreed to make additional or future advances.

(4) This section shall have no application to a mortgage or deed of trust which states on its face that it secures a line of credit; nor to one which secures a line of credit and, under prior law, was not required to state on its face that it secures a line of credit. Mortgages or deeds of trust not covered by this section shall be extinguished as provided in subsection (5) of Section 89-5-21.

§ 89-1-51

The trustee in a deed of trust may acknowledge satisfaction of the deed of trust in like manner as the cestui que trust may, and with like effect, but in such case the trustee shall be liable to the cestui que trust for the amount secured by the deed of trust.

§ 89-1-53

If there shall be a foreclosure and sale under any such mortgage or deed of trust on land, the deed of conveyance made to a purchaser pursuant to a sale thereunder shall recite the names of all parties to and the date of such mortgage or deed of trust, and also the book and page of the record thereof, and if made by a substituted trustee shall also recite the book and page of the record of his substitution and appointment; but the omission of such recitations shall not invalidate the deed of conveyance.

§ 89-1-55

All lands comprising a single tract, and wholly described by the subdivisions of the governmental surveys, sold under mortgages and deeds of trust, shall be sold in the manner provided by Section 111 of the Mississippi Constitution of 1890 for the sale of lands in pursuance of a decree of court, or under execution. All lands sold at public outcry under deeds of trust or other contracts shall be sold in the county in which the land is located, or in the county of the residence of the grantor, or one of the grantors in the trust deed, provided that where the land is situated in two (2) or more counties, the parties may contract for a sale of the whole in any of the counties in which any part of the land lies. Sale of said lands shall be advertised for three (3) consecutive weeks preceding such sale, in a newspaper published in the county, or, if none is so published, in some paper having a general circulation therein, and by posting one notice at the courthouse of the county where the land is situated, for said time, and such notice and advertisement shall disclose the name of the original mortgagor or mortgagors in said deed of trust or other contract. No sale of lands under a deed of trust or mortgage, shall be valid unless such sale shall have been advertised as herein provided for, regardless of any contract to the contrary. An error in the mode of sale such as makes the sale void will not be cured by any statute of limitations, except as to the ten-year statute of adverse possession.

§ 89-1-57

If a deed of trust or mortgage, with a power of sale, be silent as to the place and terms of sale and mode of advertising, a sale may be made after condition broken, for cash, upon such notice, and at such time and place as is required for sheriff's sale of like property. But all such sales shall be made in the county where the land is located, or in the county of the residence of the grantor or one (1) of the grantors, provided that where the land is situated in two (2) or more counties, the parties may contract for a sale of the whole, or any part thereof, in either county in which a part of the land lies.

§ 89-1-59

Where there is a series of notes or installment payments secured by a deed of trust, mortgage or other lien, and a provision is inserted in such instrument to secure them to the effect that upon a failure to pay any one (1) note or installment, or the interest thereon, or any part thereof, or for failure to pay taxes or insurance premiums on the property described in such instrument and the subject of such lien, that all the debt secured thereby should become due and collectible, and for any such reason the entire indebtedness shall have been put in default or declared due, the debtor, or any interested party, may at any time before a sale be made under the terms and provisions of such instrument, or by virtue of such lien, stop a threatened sale under the powers contained in such instrument or stop any proceeding in any court to enforce such lien by paying the amount of the note or installment then due or past due by its terms, with all accrued costs, attorneys' fees and trustees' fees on the amount actually past due by the terms of such instrument or lien, rather than the amount accelerated, and such taxes or insurance premiums due and not paid, with proper interest thereon, if such should have been paid by any interested party to such instrument. Any such payment or payments shall reinstate, according to the terms of such instrument, the amount so accelerated, the same as if such amount not due by its terms had not been accelerated or put in default.

§ 89-1-61

A conveyance of land may be in the following form, and shall be as effectual to transfer all the right, title, claim, and possession of the person making it as can be done by any sort of conveyance, viz.:

“In consideration of [here state it], I convey and warrant to __________ the land described as [describe it].

“Witness my signature, the ___ day of __________, A. D. __________.”

If only a special warranty is intended, add the word “specially” to the word “warrant” in the conveyance.

§ 89-1-63

(1) A deed of trust or mortgage may be in the form of a conveyance, to the end, before the words “witness my signature,” and then as follows, viz.:

“In trust to secure (here state what is secured, and all the necessary provisions).

Witness my signature, the ․․․ day of ․․․․․․․․․․, A.D. ․․․․․․․․․․.

․․․․․․․․․․”

(2) Notwithstanding the form of conveyance, any deed of trust or mortgage which has been made or shall hereafter be made may confer on the trustee or mortgagee and their successors, assignees and agents the power of sale. Furthermore, any person may be appointed and may perform the duties of the trustee in a deed of trust, and such person shall not be disqualified nor shall the acts of such person be invalid because of the relationship of such person to any other party to the deed of trust. The beneficiary of a deed of trust or the mortgagee of a mortgage may purchase at any sale which has been made or shall hereafter be made under a power of sale, and any such sale shall not be invalid because of the relationship of such person to any other party to the deed of trust.

(3) The beneficiary or holder of any deed of trust, including his agents, employees, successors, assigns, attorneys-in-fact or other legal representatives, may appoint a trustee or substitute a trustee, with or without the permission of the mortgagor or mortgagors. The trustee or substitute trustee so appointed may be a natural person, partnership, corporation, limited liability company, professional association or any other legal entity.

§ 89-1-65

A conveyance of land sold by a sheriff under execution may be in the following form, and shall be sufficient to convey all of the title of the defendant in the execution, which any conveyance such officer might make would in such case convey; and a conveyance by a constable in like form, the proper changes being made, shall have the like effect in case of sale made by him, viz.:

“By virtue of an execution issued by the clerk of the circuit court of __________ county, on the ___ day of __________, A.D. __________, returnable before said court on the __________ Monday of __________, A.D. __________, to enforce the judgment of said court, rendered on the ___ day of __________, A.D. __________, in favor of __________ against __________, for __________ dollars, and costs, I, as sheriff of __________ county, have this day, according to law, sold the following lands, to wit: [here describe the land]; when __________ became the best bidder therefor at the sum of __________ dollars, and he having paid said sum of money, I now convey said land to him.

“Witness my hand, the __________, A. D. __________

__________ Sheriff.”

§ 89-1-67

A conveyance by an administrator, executor, guardian, master, or commissioner, who may sell land under a decree of court may be in the following form, and shall be effective to convey all that could or would be conveyed in such case by any form of conveyance, viz.:

“By virtue of the authority conferred on me, administrator of the estate of __________, deceased, by the decree of the chancery court of __________ county, rendered on the ___ day of __________ confirming a sale made on the ___ day of __________, in pursuance of a decree of said court rendered on the ___ day of __________, I, as administrator of said estate, in consideration of __________ dollars, convey to __________, the purchaser thereof, the following land, to wit: [here describe the land].

“Witness my signature, the ___ day of __________, A. D. __________

__________”

The description of the character of the maker of the conveyance will vary the form according to the fact. And if a conveyance be made in pursuance of a power conferred by a will, and not by virtue of a decree, the will should be referred to as a source of power, instead of a decree.

§ 89-1-69

(1) In this section, “property owners' association” means an incorporated or unincorporated association that:

(a) Is designated as the representative of the owners of property in a subdivision;

(b) Has a membership primarily consisting of the owners of the property covered by the dedicatory instrument for the subdivision; and

(c) Manages or regulates the subdivision for the benefit of the owners of property in the subdivision.

(2) A deed restriction or other covenant running with the land applicable to the conveyance of real property that requires a transferee of real property or the transferee's heirs, successors, or assigns to pay a declarant or other person imposing the deed restriction or covenant on the property or a third party designated by a transferor of the property a fee in connection with a future transfer of the property is prohibited. A deed restriction or other covenant running with the land that violates this section or a lien purporting to encumber the land to secure a right under a deed restriction or other covenant running with the land that violates this section is void and unenforceable. For purposes of this section, a conveyance of real property includes a conveyance or other transfer of an interest or estate in real property.

(3) This section does not apply to a deed restriction or other covenant running with the land that requires a fee associated with the conveyance of property in a subdivision that is payable to:

(a) A property owners' association that manages or regulates the subdivision or the association's managing agent if the subdivision contains more than one (1) platted lot and the right to collect a fee in connection with a future transfer of the property is evidenced by a deed restriction or covenant running with the land filed in the public land records;

(b) An entity organized under Section 501(c)(3), Internal Revenue Code of 1986 if the entity has a right to collect a fee in connection with a future transfer of the property evidenced by a deed restriction or covenant running with the land filed in the public land records; or

(c) A governmental entity.

§ 89-1-71

A right of first refusal in real property granted through a contractual agreement or any other written instrument of conveyance is extinguished upon the death of the grantee right-holder unless the contractual agreement or instrument of conveyance, or a memorandum of the contractual agreement or instrument of conveyance, is filed for recording in the land records of the county in which the real property lies and unambiguously states that upon the death of the grantee right-holder, the right of first refusal shall be binding upon and inure to the benefit of the heirs and assigns of the grantee right-holder.

§ 89-1-301

The provisions of Sections 89-1-301 through 89-1-329 shall apply only in the event that the President of the United States has declared that an emergency or major disaster exists in this state and shall apply only to persons or property directly damaged in an enemy attack, or a man-made, technological or natural disaster declared by the Governor in which Sections 89-1-301 through 89-1-329 were specifically included as a relief measure for those counties covered by such disaster declaration. The provisions of Sections 89-1-301 through 89-1-329 shall apply to any mortgage or deed of trust on real property executed prior to the date of the disaster declaration by the Governor, and to any such instruments executed after the date of the disaster declaration by the Governor which renewed or extended any mortgage or deed of trust executed prior to the date of the disaster declaration by the Governor. When the mortgagee, or owner, or holder, or trustee, or other person having like power shall hereafter determine to foreclose a mortgage or deed of trust on real estate covered by the provisions of Sections 89-1-301 through 89-1-329, he may proceed by bill in chancery, and in the same manner as in proceedings to foreclose under existing statutes in cases where the mortgage or deed of trust contains no provisions for sale by a trustee or otherwise. Any stipulations in the mortgage or deed of trust as to the manner of foreclosure thereunder shall not preclude proceedings to foreclose any mortgage or deed of trust under the provisions of Sections 89-1-301 through 89-1-329. If any mortgagee, holder, owner, trustee, or other person shall attempt to foreclose otherwise than as herein provided, such proceedings may be enjoined by the mortgagor or owner in possessing of the mortgaged premises, or anyone claiming under the mortgagor, or anyone liable for the mortgage debt. Upon the filing of a sworn petition which affirmatively sets forth that neither the petitioner nor any other person owning an interest in the legal title to the mortgaged premises is able to pay the sums in arrears on the mortgaged debt, that no such person or persons have been able to secure a refinancing of the mortgaged debt up to the date of the filing of the petition, after diligent effort, and that because of the destruction of or damage to improvements on the mortgaged premises or because of economic conditions brought about by the effects of such an enemy attack or man-made, technological or natural disaster declared by the Governor, the mortgaged property has depreciated in value as a proximate result of said disaster in an amount in excess of fifteen percent (15%) of its fair market value prior to said disaster, the chancellor of any chancery court of competent jurisdiction shall issue a preliminary injunction enjoining any foreclosure proceedings which have been commenced. The chancellor shall likewise issue a preliminary injunction enjoining any foreclosure proceedings which have been commenced if a sworn petition shall be filed which affirmatively sets forth that as a direct and proximate result of said disaster the petitioner or any other person owning an interest in the legal title to the mortgaged premises is unable to pay the sums in arrears on the mortgage debt, that the petitioner or such other person or persons have not been able to secure the refinancing of the mortgage debt up to the date of the filing of the petition after diligent effort, and that the petitioner has actually sustained a loss in income derived from the mortgaged property, or is presently threatened with such loss as a proximate result of such disaster, in an amount in excess of fifteen percent (15%) of the average annual income from the mortgaged property for the three (3) years immediately prior to said disaster; provided, however, for mortgages or deeds of trust on real property leased or rented for residential purposes from the mortgagor to a third party or parties, the provisions of Sections 89-1-301 through 89-1-329 shall apply only if the mortgagor or landlord has made or is making a good-faith effort to rehabilitate the property to a reasonable standard of habitability.

Upon the issuance of any such preliminary injunction, the mortgagee may file a motion to dissolve said injunction, which motion shall be heard in termtime or in vacation, at a time to be fixed by the court not less than thirty (30) days from the date of the filing thereof. The mortgagor may implead any and all persons owning or claiming an interest in the legal title to said property and all persons who may be primarily or secondarily liable on the mortgaged indebtedness. Process shall be issued for all parties so impleaded in the manner now provided by law in suits to confirm titles and the cause shall be triable five (5) days after completion of service of process on all parties. The court may grant such continuances as may be necessary for the completion of service of process on all parties.

Upon the hearing of the motion to dissolve, unless the petitioner shall prove all of the material allegations of his petition by a preponderance of the evidence, the preliminary injunction shall be dissolved. No injunction bond shall be required for the issuance of the preliminary injunction. If the court shall find the petition was filed solely for the purpose of hindering and delaying collection of the mortgaged debt and without reasonable grounds therefor, reasonable attorney's fees shall be allowed as in other cases upon dissolution of preliminary injunctions, but not otherwise.

If, upon hearing of the motion to dissolve, it shall be determined that said motion should not be granted, then the hearing shall continue in the same manner as provided for in Section 89-1-303, and the court shall enter its order granting the relief provided for by Sections 89-1-301 through 89-1-329 in the case of bills to foreclose. All the terms and provisions of Sections 89-1-301 through 89-1-329 relating to the proceedings had on, or to relief granted under, bills to foreclose shall be applicable.

Provided, however, if a deed of trust be foreclosed according to the provisions therein contained, and the sale be actually consummated without the mortgagor or his heirs or assigns availing themselves of the right to enjoin said sale as provided in Sections 89-1-301 through 89-1-329, the foreclosure and the title resting thereon, if otherwise regular, shall not be controverted on account of any of the provisions of Sections 89-1-301 through 89-1-329, and this limitation shall also apply to minors who are younger than eighteen (18) years of age, and all others under legal disability. The provisions of this section shall apply to advertisements for sales already published at the time of the disaster declaration by the Governor in which he specifically included the relief provided for in Sections 89-1-301 through 89-1-329, but in which the sale has not been made; provided that in such case the costs of the advertisement be tendered in cash with the bill for injunction.

§ 89-1-303

Suits for the foreclosure of mortgages and deeds of trust shall be deemed ready for final hearing at any time after the expiration of thirty (30) days from the completion of the service of legal process on all parties. On the hearing, the court or chancellor in vacation shall receive evidence tending to establish the reasonable, normal, actual value of the mortgaged property, may fix a minimum price or reasonable and equitable price thereon, and shall determine the reasonable value of the income on said property, if any. If it has no income, then the court or chancellor in vacation shall determine the reasonable rental value, and in lieu of a present order of sale shall direct and require the mortgagor or those interested therein to pay all or a reasonable part of said income or rental value to be used for the payment of taxes, insurance and interest on the mortgage indebtedness, together with a reasonable sum for the upkeep of said property. Said payments shall be made at such times and in such manner as shall be fixed and determined and ordered by the court or chancellor in vacation which, according to the circumstances, may appear just and equitable for a term not to extend beyond two (2) years from the date of the disaster declaration by the governor in which he specifically included the relief provided for in Sections 89-1-301 through 89-1-329. After the expiration of two (2) years from the date of the disaster declaration by the governor in which he specifically included the relief provided for in Sections 89-1-301 through 89-1-329, if any past due principal, interest, taxes and the like have not been paid, a final order for sale may be made.

§ 89-1-305

If the mortgagor or owner of the mortgaged premises, or other interested person for whose relief Sections 89-1-301 through 89-1-329 are enacted, shall make default in the carrying charge payments, or any of them, required in the order mentioned in the foregoing section, or shall commit any waste, his or her right to a further postponement of a final sale shall terminate thirty (30) days after such default, and the mortgagee or trustee or other persons having the right to foreclose shall thereupon be entitled to apply to the court in termtime or vacation for a final decree of sale upon a satisfactory showing to the court that the default aforesaid has occurred; provided that if the default be explained on the grounds of casualty, inevitable accident, or other good reason wholly beyond the control of the defaulter, and be one which in the judgment of the court can be remedied and made good by the defaulter within a reasonably short period to be fixed by the court, then the court or chancellor in vacation shall have power to excuse the default and to make such order in reference thereto as may be just and equitable. The chancellor shall have power in vacation, at any time after the period mentioned in Section 89-1-303, to hear and determine and to order or decree in respect to any matter that shall arise under Sections 89-1-301 through 89-1-329, to the same extent and as fully as the court could do in termtime, legal notice having been given to all parties of the said hearing in vacation. The court or chancellor in vacation shall have power to revoke the period of extension theretofore granted for the making of the final order of sale in case it may be made to appear to the chancellor in vacation, or to the court in termtime, that the occasion for said postponement no longer exists or is no longer just and reasonable; and, in general, the court, or chancellor in vacation, shall have power to alter and revise its orders theretofore made in any respect insofar as the changed circumstances and conditions may require. Provided further, that prior to two (2) years from the date of the disaster declaration by the governor in which he specifically included the relief provided for in Sections 89-1-301 through 89-1-329, no action shall be maintained in this state for a deficiency judgment until the period of time extension allowed in any proceeding begun under the provisions of Sections 89-1-301 through 89-1-329 shall have expired.

§ 89-1-307

At any hearing, whether in termtime or in vacation, the chancellor shall have power to refer any issue or issues arising under the proceedings authorized by Sections 89-1-301 through 89-1-329 to a master in chancery or to the local farm debt adjustment committee, or any similar federal or state agency, and may prescribe the time within which the master or agency aforesaid shall report. The chancellor shall give consideration to such report with or without exceptions as in his judgment and discretion the same may be entitled.

§ 89-1-309

The statutes of limitation which would otherwise apply to any mortgage or mortgage debt, or to any other cause of action under Sections 89-1-301 through 89-1-329, shall cease to run upon the filing of any legal pleadings in the aforesaid court; and the period during which the same be pending in court under Sections 89-1-301 through 89-1-329 shall be added to the period of statutory limitations which would apply to said debt or mortgage or other obligation in which the cause of action arose.

§ 89-1-311

The provisions of Sections 89-1-301 through 89-1-329 shall apply to levies and advertisements for sales under executions, including those under deficiency judgments or decrees where the judgment, decree or account sued on existed prior to the date of the disaster declaration by the governor in which he specifically included the relief provided for in Sections 89-1-301 through 89-1-329; and when an advertisement has been made for a sale under any execution, the judgment debtor or any person interested in the real property levied upon may enjoin the sale under execution, whereupon the plaintiff in execution shall proceed to enforce the same by a cross-bill or by original bill in the same manner as if the plaintiff in execution were the holder of a mortgage. When an original bill has been filed in response to a bill of injunction under Sections 89-1-301 through 89-1-329, the causes may be consolidated for the hearing and for all subsequent proceedings, save as to the pleadings and process.

§ 89-1-313

The court shall have jurisdiction to postpone the enforcement of judgment by execution sale or to order resale or give relief where such judgment is rendered in an action to collect a debt or obligation secured by a real estate mortgage, the foreclosure of which might be affected under the terms of Sections 89-1-301 through 89-1-329.

§ 89-1-315

In case the parties to any such foreclosure action shall agree in writing upon terms of compromise settlement thereof, or of composition of the mortgage indebtedness, or both, the court shall have jurisdiction and may by its order confirm and approve such settlement or composition, or both, as the case may be.

§ 89-1-317

In any modification or refinancing of a debt secured by a mortgage or deed of trust on real property subject to Sections 89-1-301 through 89-1-329, the borrower and lender may contract and agree that all or any part of the accrued interest or interest to accrue or earned finance charge which has not been paid on the existing debt may be added to the unpaid principal balance thereof, and the borrower may contract for and agree to pay interest on the principal balance as modified as otherwise provided by law; provided, any such borrower shall have the right to prepay the original balance or the modified balance of the debt without penalty.

§ 89-1-319

Every law and all the provisions thereof now in force insofar as inconsistent with the provisions of Sections 89-1-301 through 89-1-329 are hereby suspended for two (2) years from the date of the disaster declaration by the governor in which he specifically included the relief provided for in Sections 89-1-301 through 89-1-329. No postponement of sale shall be ordered or allowed under Sections 89-1-301 through 89-1-329 which would have the effect of extending the period for redemption beyond two (2) years from the date of the disaster declaration by the governor in which he specifically included the relief provided for in Sections 89-1-301 through 89-1-329.

Sections 89-1-301 through 89-1-329, as to mortgage foreclosure, shall apply only to mortgages made prior to the date of the disaster declaration by the governor in which he specifically included the relief provided for in Sections 89-1-301 through 89-1-329, but shall not apply to mortgages made prior to the date of the disaster declaration by the governor in which he specifically included the relief provided for in Sections 89-1-301 through 89-1-329, which shall hereafter be renewed or extended for: (a) a period ending more than one (1) year after the date of the disaster declaration by the governor in which he specifically included the relief provided for in Sections 89-1-301 through 89-1-329, or (b) which shall be extended by agreement so as to be payable in monthly installments extending over a period of more than three (3) years. During the period of time of postponement granted under the terms of Sections 89-1-301 through 89-1-329 the several statutes of limitation be and they are hereby suspended insofar as any right or obligation may be affected by Sections 89-1-301 through 89-1-329.

§ 89-1-321

The words “mortgagor,” “mortgagee,” “judgment creditor,” “judgment debtor” and “purchaser,” whenever used in Sections 89-1-301 through 89-1-329, shall be construed to include the plural as well as the singular and also to include their personal representatives, successors and assigns, and the word “mortgage” shall be construed to include deeds of trust and vendors' liens; and for purposes of Sections 89-1-301 through 89-1-329, deeds of trust and any instrument executed as security for an indebtedness shall be treated as a mortgage.

§ 89-1-323

The provisions of Sections 89-1-301 through 89-1-329 shall not apply to any mortgage while such mortgage is held by the United States or agency thereof as security or pledge of the maker, its successors or assigns, nor shall the provisions of Sections 89-1-301 through 89-1-329 apply to any mortgage held as security or pledge to secure payment of a public debt or to secure payment of the deposit of public funds.

§ 89-1-325

No postponement or extension shall be ordered under conditions which, under the temporary emergency, would substantially diminish or impair the value of the contract or obligation of the person against whom the relief is sought without reasonable allowance to justify the exercise of the police power hereby authorized.

§ 89-1-327

The provisions of Sections 89-1-301 through 89-1-329 are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect, impair or abrogate any of the remaining provisions, but the remaining provisions thereof shall be and remain in full force and effect without regard to that phrase, clause or portion invalidated.

§ 89-1-329

Except for the cases pending in court, the relief provided for in Sections 89-1-301 through 89-1-329 shall expire two (2) years from the date of any disaster declaration by the governor in which Sections 89-1-301 through 89-1-329 were specifically included as a relief measure for those counties covered by such disaster declaration.

§ 89-1-501

(1) The provisions of Sections 89-1-501 through 89-1-523 apply only with respect to transfers by sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase or ground lease coupled with improvements, of real property on which a dwelling unit is located, or residential stock cooperative improved with or consisting of not less than one (1) nor more than four (4) dwelling units, when the execution of such transfers is by, or with the aid of, a duly licensed real estate broker or salesperson.

(2) There are specifically excluded from the provisions of Sections 89-1-501 through 89-1-523:

(a) Transfers pursuant to court order, including, but not limited to, transfers ordered by a probate court in administration of an estate, transfers pursuant to a writ of execution, transfers by any foreclosure sale, transfers by a trustee in bankruptcy, transfers by eminent domain, and transfers resulting from a decree for specific performance.

(b) Transfers to a mortgagee by a mortgagor or successor in interest who is in default, transfers to a beneficiary of a deed of trust by a trustor or successor in interest who is in default, transfers by any foreclosure sale after default, in an obligation secured by a mortgage, transfers by a sale under a power of sale or any foreclosure sale under a decree of foreclosure after default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale, or transfers by a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a mortgage or deed of trust or a sale pursuant to a decree of foreclosure or has acquired the real property by a deed in lieu of foreclosure.

(c) Transfers by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship or trust.

(d) Transfers from one co-owner to one or more other co-owners.

(e) Transfers made to a spouse, or to a person or persons in the lineal line of consanguinity of one or more of the transferors.

(f) Transfers between spouses resulting from a decree of dissolution of marriage or a decree of legal separation or from a property settlement agreement incidental to such a decree.

(g) Transfers or exchanges to or from any governmental entity.

(h) Transfers of real property on which no dwelling is located.

(i) The provisions of Section 89-1-527.

§ 89-1-503

(1) The transferor of any real property subject to Sections 89-1-501 through 89-1-523 shall deliver to the prospective transferee the written property condition disclosure statement required by Sections 89-1-501 through 89-1-523, as follows:

(a) In the case of a sale, as soon as practicable before transfer of title.

(b) In the case of transfer by a real property sales contract, or by a lease together with an option to purchase, or a ground lease coupled with improvements, as soon as practicable before execution of the contract. For the purpose of this paragraph, “execution” means the making or acceptance of an offer.

With respect to any transfer subject to paragraph (a) or (b), the transferor shall indicate compliance with Sections 89-1-501 through 89-1-523 either on the receipt for deposit, the real property sales contract, the lease, or any addendum attached thereto or on a separate document.

If any disclosure, or any material amendment of any disclosure, required to be made by Sections 89-1-501 through 89-1-523, is delivered after the execution of an offer to purchase, the transferee shall have three (3) days after delivery in person or five (5) days after delivery by deposit in the mail, to terminate his or her offer by delivery of a written notice of termination to the transferor or the transferor's agent.

(2) If a transferor of real property subject to Sections 89-1-501 through 89-1-523 shall fail to deliver the disclosure statement required by Sections 89-1-501 through 89-1-523, or fails to complete some portion of the disclosure statement, the prospective transferee is presumed to be on notice to inquire of the transferor concerning the content of the disclosure or the lack thereof. Any duly licensed real estate broker or salesperson involved with the transaction shall have no duty or obligation nor be subject to discipline or other action of any kind by any licensing authority of the State of Mississippi, pertaining to the disclosure or the failure of any disclosure to comply with Sections 89-1-501 through 89-1-523, or the delivery thereof.

§ 89-1-505

(1) The transferor shall not be liable for any error, inaccuracy or omission of any information delivered pursuant to Sections 89-1-501 through 89-1-523 if the error, inaccuracy or omission was not within the personal knowledge of the transferor, was based on information timely provided by public agencies or by other persons providing information as specified in subsection (2) that is required to be disclosed pursuant to Sections 89-1-501 through 89-1-523, and ordinary care was exercised in obtaining and transmitting the information.

(2) The delivery of any information required to be disclosed by Sections 89-1-501 through 89-1-523 to a prospective transferee by a public agency or other person providing information required to be disclosed pursuant to Sections 89-1-501 through 89-1-523 shall be deemed to comply with the requirements of Sections 89-1-501 through 89-1-523 and shall relieve the transferor of any further duty under Sections 89-1-501 through 89-1-523 with respect to that item of information.

(3) The delivery of a report or opinion prepared by a licensed engineer, land surveyor, geologist, structural pest control operator, contractor or other expert, dealing with matters within the scope of the professional's license or expertise, shall be sufficient compliance for application of the exemption provided by subsection (1) if the information is provided to the prospective transferee pursuant to a request therefor, whether written or oral. In responding to such a request, an expert may indicate, in writing, an understanding that the information provided will be used in fulfilling the requirements of Section 89-1-509 and, if so, shall indicate the required disclosures, or parts thereof, to which the information being furnished is applicable. Where such a statement is furnished, the expert shall not be responsible for any items of information, or parts thereof, other than those expressly set forth in the statement.

(4) No listing or selling agent shall be liable for any error, inaccuracy or omission of any information delivered pursuant to Sections 89-1-501 through 89-1-523.

(5) The Mississippi Real Estate Commission shall not promulgate any rule or regulation, nor make any administrative or other interpretation, whereby any real estate licensee may be held responsible or subject to discipline or other actions by the commission relating to the provisions of this section or the information required to be disclosed by Sections 89-1-501 through 89-1-523 or delivery of information required to be disclosed by Sections 89-1-501 through 89-1-523.

§ 89-1-507

If information disclosed in accordance with Sections 89-1-501 through 89-1-523 is subsequently rendered inaccurate as a result of any act, occurrence or agreement subsequent to the delivery of the required disclosures, the inaccuracy resulting therefrom does not constitute a violation of Sections 89-1-501 through 89-1-523. If at the time the disclosures are required to be made, an item of information required to be disclosed is unknown or not available to the transferor, and the transferor has made a reasonable effort to ascertain it, the transferor may use an approximation of the information, provided the approximation is clearly identified as such, is reasonable, is based on the best information available to the transferor, and is not used for the purpose of circumventing or evading Sections 89-1-501 through 89-1-523.

§ 89-1-509

The disclosures required by Sections 89-1-501 through 89-1-523 pertaining to the property proposed to be transferred shall be set forth in, and shall be made on a copy of a disclosure form, the structure and composition of which shall be determined by the Mississippi Real Estate Commission.

§ 89-1-511

Each disclosure required by Sections 89-1-501 through 89-1-523 and each act which may be performed in making the disclosure, shall be made in good faith. For purposes of Sections 89-1-501 through 89-1-523, “good faith” means honesty in fact in the conduct of the transaction.

§ 89-1-513

The specification of items for disclosure in Sections 89-1-501 through 89-1-523 does not limit or abridge any obligation for disclosure created by any other provision of law or which may exist in order to avoid fraud, misrepresentation or deceit in the transfer transaction.

§ 89-1-515

Any disclosure made pursuant to Sections 89-1-501 through 89-1-523 may be amended in writing by the transferor, but the amendment shall be subject to the provisions of Section 89-1-503.

§ 89-1-517

Delivery of disclosure required by Sections 89-1-501 through 89-1-523 shall be by personal delivery to the transferee or by mail to the prospective transferee. For the purposes of Sections 89-1-501 through 89-1-523, delivery to the spouse of a transferee shall be deemed delivery to the transferee, unless provided otherwise by contract.

§ 89-1-523

(1) No transfer subject to Sections 89-1-501 through 89-1-523 shall be invalidated solely because of the failure of any person to comply with any provision of Sections 89-1-501 through 89-1-523.

(2) Notwithstanding any other provision of law to the contrary, no real estate licensee shall be subject to discipline or other action of any kind by any licensing authority of the State of Mississippi pertaining to information required to be disclosed by Sections 89-1-501 through 89-1-523 or delivery of information required to be disclosed by Sections 89-1-501 through 89-1-523.

§ 89-1-527

(1) The fact or suspicion that real property is or was:

(a) The site of a natural death, suicide, homicide or felony crime (except for illegal drug activity that affects the physical condition of the property, its physical environment or the improvements located thereon);

(b) The site of an act or occurrence that had no effect on the physical condition of the property, its physical environment or the improvements located thereon;

(c) Owned or occupied by a person affected or exposed to any disease not known to be transmitted through common occupancy of real estate including, but not limited to, the human immunodeficiency virus (HIV) and the acquired immune deficiency syndrome (AIDS);

does not constitute a material fact that must be disclosed in a real estate transaction. A failure to disclose such nonmaterial facts or suspicions shall not give rise to a criminal, civil or administrative action against the owner of such real property, a licensed real estate broker or any affiliated licensee of the broker.

(2) A failure to disclose in any real estate transaction any information that is provided or maintained, or is required to be provided or maintained, in accordance with Section 45-33-21 through Section 45-33-57, shall not give rise to a cause of action against an owner of real property, a licensed real estate broker or any affiliated licensee of the broker. Likewise, no cause of action shall arise against any licensed real estate broker or affiliated licensee of the broker for revealing information to a seller or buyer of real estate in accordance with Section 45-33-21 through Section 45-33-57. Any factors related to this subsection, if known to a property owner or licensee shall be disclosed if requested by a consumer.

(3) Failure to disclose any of the facts or suspicions of facts described in subsections (1) and (2) shall not be grounds for the termination or rescission of any transaction in which real property has been or will be transferred or leased. This provision does not preclude an action against an owner of real estate who makes intentional or fraudulent misrepresentations in response to a direct inquiry from a purchaser or prospective purchaser regarding facts or suspicions that are not material to the physical condition of the property including, but not limited to, those factors listed in subsections (1) and (2).

Chapter 2 Liability of Recreational Landowners

§ 89-2-1

The purpose of this article is to encourage persons to make available to the public land and water areas for outdoor recreational purposes. A lessee or owner who opens a land or water area to the public for outdoor recreational purposes shall not, by opening such land or water for such use:

(a) Be presumed to extend any assurance that such land or water area is safe for any purpose;

(b) Incur any duty of care toward a person who goes on the land or water area; or

(c) Become liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on the land or water area.

The foregoing applies, whether the person going on the land or water area is an invitee, licensee, trespasser or otherwise.

§ 89-2-3

The term “outdoor recreational purposes” as used in this article shall include, but not necessarily be limited to, hunting, fishing, swimming, boating, camping, picnicking, hiking, cycling, pleasure driving, nature study, water skiing and visiting historical, archaeological, scenic or scientific sites.

§ 89-2-5

This article does not relieve any person of liability which would otherwise exist for deliberate, willful or malicious injury to persons or property. The provisions hereof shall not be deemed to create or increase the liability of any person.

§ 89-2-7

The provisions of this article shall not apply if any fee is charged for entering or using any part of such land or water outdoor recreational area, or if any concession is operated on said area offering to sell or selling any item or product to persons entering thereon for recreational purposes. Said article shall not apply unless public notice of the availability of such lands for such public use shall have been published once annually in a newspaper of general circulation in the county where such lands are situated.

§ 89-2-21

For the purposes of this article, the following words shall have the meanings ascribed herein, unless the context otherwise requires:

(a) “Land” or “premises” means all real property, waters and private ways, and all trees, buildings and structures which are located on such real property, waters and private ways.

(b) “Landowner” means the legal titleholder or owner of land or premises, and includes any lessee, occupant or any other person in control of such land or premises.

§ 89-2-23

Except as provided for in Section 89-2-27, a landowner: (a) shall owe no duty of care to keep land or premises safe for entry or use by others for hunting, fishing, trapping, camping, water sports, hiking or sightseeing; and (b) shall not be required to give any warning to any person entering on land or premises for hunting, fishing, trapping, camping, water sports, hiking or sightseeing as to any hazardous conditions or uses of, or hazardous structures or activities on such land or premises.

§ 89-2-25

Any landowner who gives permission to another person to hunt, fish, trap, camp, hike, cycle or sightsee upon land or premises shall not, by the sole act of giving such permission, be considered or construed to have:

(a) Extended any assurance that the premises are safe for such purposes;

(b) Caused the person to whom permission has been granted to be constituted the legal status of an invitee to whom a duty of care is owed; or

(c) Assumed responsibility or liability for any injury to such person or his property caused by any act of such person to whom permission has been granted, except as provided in Section 89-2-27.

§ 89-2-27

This article shall not limit any liability which otherwise exists for:

(a) Willful or malicious failure to guard or warn against a hazardous condition, use, structure or activity;

(b) Injuries suffered in any case where permission to hunt, fish, trap, camp, hike, sightsee or engage in any other lawful activity was granted for a consideration other than the consideration, if any, paid to the landowner by the State of Mississippi, the federal government, or any other governmental agency; or

(c) Injuries to third persons or to persons to whom the landowner owed a duty to keep the land or premises safe or to warn of danger, which injuries were caused by acts of persons to whom permission to hunt, fish, camp, hike, sightsee or engage in any other lawful activity was granted.

Chapter 3 Acknowledgments

§ 89-3-1

(1) A document concerning real property or conveying personal property may not be recorded unless, in the case of a paper document, it contains an original signature or signatures, or in the case of an electronic document, contains an electronic signature or signatures that comply with the Uniform Real Property Electronic Recording Act (Article 3, Chapter 5, Title 89, Mississippi Code of 1972). For purposes of this section, the terms “document,” “paper document” and “electronic document” have the meaning given in the Uniform Real Property Electronic Recording Act. A document concerning real property or conveying personal property which conforms to this subsection may be recorded if it is acknowledged or proved according to law, or in the case of a document that is an affidavit, verified upon oath or affirmation.

(2)(a) A tangible copy of an electronic document that is otherwise eligible for recording under the laws of this state may be recorded if the tangible copy of the electronic document has been certified to be a true and correct copy of the electronic document as required in paragraph (b) of this subsection (2).

(b) The certificate must be transmitted with and be recorded as a part of the tangible copy of the electronic document being recorded and must:

(i) Contain an original signature of a licensed attorney or custodian of the electronic document that is verified upon oath or affirmation;

(ii) Identify the jurisdiction in which the certification is performed;

(iii) Contain the title of the notarial officer;

(iv) Indicate the date of expiration, if any, of the notarial officer's commission; and

(v) Include an official seal of the notary public affixed to the certificate.

(c) The following form of certificate is sufficient for purposes of this subsection if completed with the information required in paragraph (b) of this subsection:

(d) All tangible copies of electronic documents eligible for recording under this subsection (2) are validly recorded when accepted for recording by the chancery clerk's office. Tangible copies of electronic documents recorded by a chancery clerk before the effective date of the Revised Mississippi Law on Notarial Acts shall be considered validly recorded with or without the certification provided in paragraph (b) of this subsection (2).

(e) The person making the certification provided in this section must:

(i) Confirm that the electronic document contains an electronic signature that is capable of independent verification and renders any subsequent changes or modifications to the electronic document evident;

(ii) Personally print or supervise the printing of the electronic document onto paper; and

(iii) Not make any changes or modifications to the electronic document other than the certification described in this subsection (2).

(f) If a certificate is completed with the information required by paragraph (b) of this subsection (2) and is attached to or made part of a tangible copy of an electronic document, the certificate is prima facie evidence that the requirements of paragraph (e) of this subsection (2) have been satisfied.

(g) This section does not apply to maps or plats that are subject to the requirements of Section 19-27-23, 19-27-25 or 19-27-27.

(3) The chancery clerk's office may refuse to record a document that does not satisfy the requirements of this section. However, if a document does not satisfy subsection (1) or (2) of this section, but is otherwise admitted to record, then all persons shall be on constructive notice of the contents of the document.

(4) If the relative priorities of conflicting claims to real property were established before July 1, 2011, then the law applicable to those claims at the time those claims were established shall determine their priority.

(5) This section does not require the acknowledgement or verification upon oath or affirmation or prohibit the recording of any of the following filed for record under the Uniform Commercial Code or otherwise specially provided for by law:

(a) A financing statement;

(b) A security agreement filed as a financing statement; or

(c) A continuation statement.

§ 89-3-7

(1) The following long forms of acknowledgment may be used in the case of conveyances or other written instruments affecting real or personal property; and any acknowledgment so taken and certified shall be sufficient to satisfy all requirements of law:

(a) In the case of natural persons acting in their own right:

“STATE OF __________________

COUNTY OF __________________

Personally appeared before me, the undersigned authority in and for the said county and state, on this ________ day of , 20, within my jurisdiction, the within named ________, who acknowledged that (he) (she) (they) executed the above and foregoing instrument.

My commission expires:

______________________”

(Affix official seal, if applicable)

(b) In the case of corporations:

“STATE OF __________________

COUNTY OF __________________

Personally appeared before me, the undersigned authority in and for the said county and state, on this ________ day of __, 20, within my jurisdiction, the within named ________________, who acknowledged that (he) (she) is ________ of ________, a ________ corporation, and that for and on behalf of the said corporation, and as its act and deed (he) (she) executed the above and foregoing instrument, after first having been duly authorized by said corporation so to do.

My commission expires:

______________________”

(Affix official seal, if applicable)

(c) In the case of a corporate general partner of a limited partnership:

“STATE OF __________________

COUNTY OF __________________

Personally appeared before me, the undersigned authority in and for the said county and state, on this ________ day of , 20, within my jurisdiction, the within named ________, who acknowledged to me that (he) (she) is ________ of ________, a ________ corporation and general partner of ________, a ________ limited partnership, and that for and on behalf of said corporation as general partner of said limited partnership, and as the act and deed of said corporation as general partner of said limited partnership, and as the act and deed of said limited partnership, (he) (she) executed the above and foregoing instrument, after first having been duly authorized by said corporation and said limited partnership so to do.

My commission expires:

______________________”

(Affix official seal, if applicable)

(d) In the case of a corporate member of a member-managed limited liability company:

“STATE OF __________________

COUNTY OF __________________

Personally appeared before me, the undersigned authority in and for the said county and state, on this ________ day of , 20, within my jurisdiction, the within named ________, who acknowledged to me that (he) (she) is ________ of ________, a ________ corporation and member of ________, a ________ member-managed limited liability company, and that for and on behalf of said corporation as member of said limited liability company, and as the act and deed of said corporation as member of said limited liability company, and as the act and deed of said limited liability company, (he) (she) executed the above and foregoing instrument, after first having been duly authorized by said corporation and said limited liability company so to do.

My commission expires:

______________________”

(Affix official seal, if applicable)

(e) In the case of a corporate manager of a manager-managed limited liability company:

“STATE OF __________________

COUNTY OF __________________

Personally appeared before me, the undersigned authority in and for the said county and state, on this ________ day of , 20, within my jurisdiction, the within named ________, who acknowledged to me that (he) (she) is ________ of ________, a ________ corporation and manager of ________, a ________ manager-managed limited liability company, and that for and on behalf of said corporation as manager of said limited liability company, and as the act and deed of said corporation as manager of said limited liability company, and as the act and deed of said limited liability company, (he) (she) executed the above and foregoing instrument, after first having been duly authorized by said corporation and said limited liability company so to do.

My commission expires:

______________________”

(Affix official seal, if applicable)

(f) In the case of persons acting in representative capacities:

“STATE OF __________________

COUNTY OF __________________

Personally appeared before me, the undersigned authority in and for the said county and state, on this ________ day of , 20, within my jurisdiction, the within named ________, who acknowledged that (he) (she) is ________ of ________, and that in said representative capacity (he) (she) executed the above and foregoing instrument, after first having been duly authorized so to do.

My commission expires:

______________________”

(Affix official seal, if applicable)

(g) In the case of proof of execution of the instrument made by a subscribing witness:

“STATE OF __________________

COUNTY OF __________________

Personally appeared before me, the undersigned authority in and for the said county and state, on this ________ day of __, 20, within my jurisdiction, CD, one of the subscribing witnesses to the above and foregoing instrument, who, being first duly sworn, states that (he) (she) saw the within (or above) named AB, whose name is subscribed thereto, sign and deliver the same to EF (or that (he) (she) heard AB acknowledge that (he) (she) signed and delivered the same to EF); and that the affiant subscribed (his) (her) name as witness thereto in the presence of AB.

My commission expires:

______________________”

(Affix official seal, if applicable)

(h) In the case of any business organization, foreign or domestic:

“STATE OF __________________

COUNTY OF __________________

Personally appeared before me, the undersigned authority in and for the said county and state, on this __________________ day of __________, 20, within my jurisdiction, the within named ________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed in the above and foregoing instrument and acknowledged that he/she/they executed the same in his/her/their representative capacity(ies), and that by his/her/their signature(s) on the instrument, and as the act and deed of the person(s) or entity(ies) upon behalf of which he/she/they acted, executed the above and foregoing instrument, after first having been duly authorized so to do.

My commission expires:

______________________”

(Affix official seal, if applicable)

(2) The following short form certificates of notarial acts are sufficient for the purposes indicated if the certificate complies with Section 16(1) and (2) of the Revised Mississippi Law on Notarial Acts as codified:

(a) For an acknowledgment in an individual capacity:

“STATE OF __________________

COUNTY OF __________________

This record was acknowledged before me on (date) by (name(s) of individual(s)).

My commission expires:

______________________”

(Affix official seal, if applicable)

(b) For an acknowledgment in a representative capacity:

“STATE OF __________________

COUNTY OF __________________

This record was acknowledged before me on (date) by (name(s) of individual(s)) as (type of authority, such as officer or trustee) of (name of party on behalf of whom record was executed).

My commission expires:

______________________”

(Affix official seal, if applicable)

(c) For a verification on oath or affirmation (jurat):

“STATE OF __________________

COUNTY OF __________________

Signed and sworn to (or affirmed) before me on (date) by (name(s) of individual(s) making statement).

My commission expires:

______________________”

(Affix official seal, if applicable)

(d) For witnessing or attesting a signature:

“STATE OF __________________

COUNTY OF __________________

Signed or attested before me on (date) by (name(s) of individual(s)).

My commission expires:

______________________”

(Affix official seal, if applicable)

Chapter 5 Recording of Instruments

§ 89-5-1

Except as provided by Sections 89-5-101 through 89-5-113, a conveyance of land shall not be good against a purchaser for a valuable consideration without notice, or any creditor, unless it be lodged with the clerk of the chancery court of the county in which the lands are situated to be recorded; but after filing with the clerk, the priority of time of filing shall determine the priority of all conveyances of the same land as between the several holders of such conveyances.

§ 89-5-3

Except as provided by Sections 89-5-101 through 89-5-113, all bargains and sales, and all other conveyances whatsoever of lands, whether made for passing an estate of freehold or inheritance, or for a term of years; and all instruments of settlement upon marriage wherein land, money, or other personalty should be settled or covenanted to be left or paid at the death of the party, or otherwise; and all deeds of trust and mortgages whatsoever, shall be void as to all creditors and subsequent purchasers for a valuable consideration without notice, unless they be acknowledged or proved and lodged with the clerk of the chancery court of the proper county, to be recorded in the same manner that other conveyances are required to be acknowledged or proved and recorded. Failure to file such instrument with the clerk for record shall prevent any claim of priority by the holder of such instrument over any similar recorded instrument affecting the same property, to the end that with reference to all instruments which may be filed for record under this section, the priority thereof shall be governed by the priority in time of the filing of the several instruments, in the absence of actual notice. But as between the parties and their heirs, and as to all subsequent purchasers with notice or without valuable consideration, said instruments shall nevertheless be valid and binding.

§ 89-5-5

Every conveyance, covenant, agreement, bond, mortgage, and deed of trust shall take effect, as to all creditors and subsequent purchasers for a valuable consideration without notice, only from the time when delivered to the clerk to be recorded; and no conveyance, covenant, agreement, bond, mortgage, or deed of trust which is unrecorded or has not been filed for record, shall take precedence over any similar instrument affecting the same property which may be of record, to the end that with reference to all instruments which may be filed for record under this section, the priority thereof shall be governed by the priority in time of the filing of the several instruments, in the absence of actual notice.

§ 89-5-7

Every title-bond or other written contract in relation to land may be acknowledged or proved, and certified and recorded, in the same manner as conveyances of land; and such acknowledgment or proof, and the proper certificate thereof and delivery to the clerk of the chancery court of the proper county to be recorded, shall be notice to all subsequent purchasers of the existence of such bond or contract.

§ 89-5-8

(1) Any affidavit containing a statement relating to the identification, the marital status, the heirship, the relation, the death or the time of death of any person who is a party to a document affecting the title to real property, or any affidavit relating to the identification of any corporation or other legal entity which is a party to a document affecting the title to real property, signed by the affiant and verified upon oath or affirmation before a notarial officer, shall be recordable in the land records in the office of the chancery clerk in the county where the real property is situated.

(2)(a) Notice of a typographical or other minor error in a document affecting the title to real property may be given by recording an affidavit containing a statement of scrivener's error. If an affidavit is conspicuously identified as an affidavit of scrivener's error, the chancery clerk shall index the affidavit in the general index under the names of the original parties to the document if they are identified in the affidavit, and in the sectional index as provided in the indexing instructions of the affidavit. Notice of the corrective information provided by the affiant is effective upon recordation. An affidavit under this paragraph (a) may be prepared only by an attorney licensed to practice law in this state.

(b) The affidavit of scrivener's error shall be executed and acknowledged by the affiant and verified upon oath or affirmation before a notarial officer, and shall be recordable in the land records in the office of the chancery clerk in the county where the real estate is situated. The affidavit shall recite: (i) the name and Mississippi bar number of the affiant attorney, (ii) the instrument containing clerical error, and (iii) a statement that the affiant is in good standing with The Mississippi Bar, is licensed to practice law in the State of Mississippi, and that his or her license is active at the time of verification or affirmation; or the affiant was in good standing with The Mississippi Bar when the document was recorded, was licensed to practice law in the State of Mississippi when the document was recorded and is retired from the practice of law at the time of verification or affirmation. Any affidavit of scrivener's error recorded that is not executed by an attorney licensed to practice law in the State of Mississippi, and who prepared any document in the chain of title to the subject real property, regardless of the date of recording shall be void.

(c) The chancery clerk shall make a marginal notation on the document to which the affidavit refers.

(3) Where title to homestead property is in the titled spouse, the nontitled spouse, in lieu of joining the titled spouse in executing a conveyance, mortgage, deed of trust or other encumbrance upon a homestead, may file an affidavit of nonhomestead verified upon oath or affirmation that either: (a) the nontitled spouse, together with the titled spouse, freely and voluntarily abandoned the old homestead and secured and currently together occupy a new homestead residence; or (b) the nontitled spouse freely and voluntarily separated from the titled spouse with no intent to return to the titled spouse or to reside with the titled spouse, either temporarily or permanently, on the titled spouse's homestead, and the nontitled spouse currently maintains and occupies a separate residence.

(4) A person who knowingly makes or causes to be made a false statement in an affidavit is guilty of perjury and liable for the actual damages suffered or incurred by any person as a result or consequence of the making of or reliance upon the false affidavit. The court may award punitive damages, costs and attorney's fees.

(5) From and after July 1, 2021, an affidavit recorded under this section must include a description of the real property covered by the affidavit.

(6) Any affidavit so recorded, or a certified copy thereof, shall be admissible as evidence in any action involving the document to which it relates or the title to the real property affected by the document and shall be prima facie evidence of the facts stated therein and the marketability of the title to real property.

§ 89-5-9

A copy of the record of any instrument of writing affecting property in this state, and which has been legally recorded in any other state of the United States, or in a foreign country, when certified by the clerk or other officer in whose custody the record is, under his seal of office, if he have one, may be recorded in this state in the same way and with like effect as if it had been executed and acknowledged in this state.

§ 89-5-11

All patents issued in the name of the United States or of this state for lands, may, whether acknowledged or not, be recorded in the office of the clerk of the chancery court of the county in which the land embraced in the patent may lie.

§ 89-5-13

(1) Concerning an interest in land, whenever an instrument of conveyance (including but not limited to a deed of trust or assignment), release, termination or cancellation which contains a defective acknowledgement has been of record seven (7) years or more in the land records of the county in which the said land is located, the acknowledgment shall be good without regard to the form of the certificate of acknowledgment.

(2) Any such instrument which has been of record for ten (10) years and which bears no acknowledgement shall likewise be treated as if properly acknowledged.

§ 89-5-15

Except as provided in Section 89-5-37, Mississippi Code of 1972, when the indebtedness, or any part thereof, secured by a mortgage, deed of trust, or other lien of record shall be assigned by the person appearing by the record to be the creditor, he shall be required by the assignee to enter the fact of the assignment on the margin of the record of the lien; and in default of making such entry, any satisfaction or cancellation of the lien or instrument evidencing it entered by the original creditor shall release the same as to subsequent creditors and purchasers for value without notice, unless the assignment be by writing duly acknowledged and filed for record; and every assignment by an assignee of any such lien shall be entered in like manner and with like effect in case of failure.

§ 89-5-17

Except as provided in Section 89-5-37, all assignments in whole or in part of any indebtedness secured by mortgage, deed of trust, or other lien of record, shall be entered on the margin of the record of the lien or said assignment shall be acknowledged and filed for record, and if the assignor or assignee of said indebtedness fail to comply with the provisions of this section the debtor shall be fully protected in transactions with the holder of record in the absence of actual notice of the assignment.

§ 89-5-19

Where the remedy to enforce any mortgage, deed of trust, or other lien on real or personal property which is recorded, appears on the face of the record to be barred by the statute of limitations (which, as to a series of notes or a note payable in installments, shall begin to run from and after the maturity date of the last note or last installment), the lien shall cease and have no effect as to creditors and subsequent purchasers for a valuable consideration without notice, unless within six (6) months after such remedy is so barred the fact that such mortgage, deed of trust, or lien has been renewed or extended be entered on the margin of the record thereof, by the creditor, debtor, or trustee, attested by the clerk, or a new mortgage, deed of trust, or lien, noting the fact of renewal or extension, be duly filed for record within such time. If the date of final maturity of such indebtedness so secured cannot be ascertained from the face of the record the same shall be deemed to be due one (1) year from the date of the instrument securing the same for the purpose of this section. And where a suit shall have been brought to keep a judgment alive within seven (7) years from the rendition of such judgment, the general lien of such judgment shall expire as to creditors and subsequent purchasers for a valuable consideration, without notice, at the end of seven (7) years from the rendition of such judgment, notwithstanding such suit to keep alive the judgment unless a notation to keep alive such judgment shall be made on the judgment roll within six (6) months after the expiration of seven (7) years from the time of the rendition of such judgment.

§ 89-5-21

(1) Except as otherwise provided in subsections (3), (4) and (5), any mortgagee or cestui que trust, or assignee of any mortgagee or cestui que trust, of real or personal estate, having received full payment of the money due by the mortgage or deed of trust, shall enter satisfaction upon the margin of the record of the mortgage or deed of trust, which entry shall be attested by the clerk of the chancery court and discharge and release the same, and shall bar all actions or suits brought thereon, and the title shall thereby revest in the grantor.

(2) Any such mortgagee or cestui que trust, or such assignee, by himself or his attorney, who does not, after payment of all sums owed, within one (1) month after written request, cancel on the record the mortgage or deed of trust shall forfeit the sum of Two Hundred Dollars ($200.00), which can be recovered by suit on part of the party aggrieved, and if after request, he fails or refuses to make such acknowledgment of satisfaction, the person so neglecting or refusing shall forfeit and pay to the party aggrieved any sum not exceeding the mortgage money, to be recovered by action; but such entry of satisfaction may be made by anyone authorized to do it by the written authorization of the mortgagee or beneficiary, duly acknowledged and recorded, and shall have the same effect as if done by the mortgagee or beneficiary.

(3) With respect to a mortgage or deed of trust which states on its face that it secures a line of credit, satisfaction of record shall be accomplished and extinguishment shall occur as provided in subsection (5).

(4) As used in this section, the term “line of credit” means any loan, extension of credit or financing arrangement where the lender has agreed to make additional or future advances.

(5) Any mortgagee or cestui que trust, or the assignee of a mortgagee or cestui que trust, under a mortgage or deed of trust securing a line of credit shall, upon (a) the termination or maturity of the line of credit and the payment of all sums owing in connection with the line of credit, or (b) the payment of all sums owing in connection with the line of credit and a written request by the debtor to cancel the line of credit and the mortgage or deed of trust securing the line of credit, enter satisfaction upon the margin of the record of the mortgage or deed of trust, which entry shall be attested by the clerk of the chancery court and discharge and release the same, and shall bar all actions or suits brought thereon, and the title shall thereby revest in the grantor. For the purpose of this subsection (5), the requirement of a written request by the debtor may be satisfied by a prospective creditor's delivery of a document, signed by the debtor, requesting cancellation of the line of credit and the mortgage or deed of trust securing the line of credit.

§ 89-5-23

(1) Whenever any oil, gas and mineral lease which is now or may hereafter be recorded in any county of this state shall expire or terminate, the holder of such oil, gas and mineral lease, or the last assignee of record thereof, as the case may be, shall be required to cancel of record such oil, gas and mineral lease by entering upon the margin of the record of such lease, a notation that said oil, gas and mineral lease has terminated and expired, which entry shall be attested by the clerk of the chancery court and shall discharge and release the lands therein described from said oil, gas and mineral lease; or the holder or last assignee of record, as the case may be, of an oil, gas and mineral lease may execute an instrument, duly recordable under the laws of this state, stating that the said oil, gas and mineral lease has expired and terminated and that no further rights or claims will be asserted thereunder.

The chancery clerk shall be allowed a fee of one dollar ($1.00) for making such cancellation, and shall not be required to index same on sectional index but shall be required to note the cancellation on the margin of the record where said lease is recorded and if said cancellation is by separate instrument he shall note the cancellation on the margin where lease is recorded showing book and page of said instrument of cancellation.

(2) If the holder of an oil, gas and mineral lease or the last assignee of record, as the case may be, shall not, within one (1) month after written request made by the lessor or his assigns, cancel on the record said oil, gas and mineral lease, or furnish proof, as above provided, that the same has expired and terminated, the lessee or the last assignee of record, as the case may be, of such oil, gas and mineral lease, shall forfeit the sum of One Hundred Dollars ($100), which may be recovered by suit on the part of the party aggrieved.

§ 89-5-24

(1) Except as otherwise provided in subsections (3) and (4), any document or instrument presented to the clerk of the chancery court for recording shall meet the following requirements:

(a) Each document or instrument shall consist of one or more individual pages printed only on one (1) side. The document or instrument shall not consist of pages that are permanently bound or in a continuous form and shall not have any attachment stapled or otherwise affixed to any page except as necessary to comply with statutory requirements. However, the individual pages of a document or instrument may be stapled together for presentation for recording. A label that is firmly attached with a bar code or return address may be accepted for recording.

(b) All documents must be printed or typed in a font no smaller than ten-point in size. If a document or instrument, other than a plat or survey or a drawing related to a plat or survey, presented for recording contains type smaller than ten-point type, the document or instrument shall be accompanied by an exact typewritten or printed copy that meets the requirements of this section.

(c) Each document shall be of sufficient legibility to produce a clear reproduction. If a document or instrument, other than a plat or survey or a drawing related to a plat or survey, is not sufficiently legible to produce a clear reproduction, the document or instrument shall be accompanied by an exact typewritten or printed copy that meets the type size requirements of paragraph (b) and shall be recorded contemporaneously as additional pages of the document or instrument.

(d) Each document or instrument, other than a plat or survey or a drawing related to a plat or survey, shall be on white paper of not less than twenty-pound weight. All text within the document or instrument shall be of sufficient color and clarity to ensure that the text is readable when reproduced from the record.

(e) All signatures on a document or instrument shall be in black or blue ink and of sufficient color and clarity to ensure that the signatures are of sufficient legibility to produce a clear reproduction when the document or instrument is reproduced from the record. The corresponding name shall be typed, printed or stamped beneath the original signature. The typing or printing of a name or the application of an embossed or inked stamp shall not cover or otherwise materially interfere with any part of the document or instrument except where provided by law. Failure to print or type signatures as required in this paragraph does not invalidate the document or instrument.

(f) The first page of each document or instrument, other than a plat or survey or a drawing related to a plat or survey, shall have a top margin of at least three (3) inches of vertical space from left to right which shall be reserved for the recorder's use. All other margins on the document or instrument shall be a minimum of three-fourths ( 3/4 ) of one (1) inch. Nonessential information including, but not limited to, form numbers or customer notations may be placed in a margin other than the top margin. A document may be recorded if a minor portion of a seal or incidental writing extends into a margin. The recorder shall not incur any liability for failure to show a seal or information that extends beyond the margin of the permanent archival record.

(2) Each document or instrument, other than a plat or survey or a drawing related to a plat or survey, that is presented for recording and that contains any of the following information shall have that information on the first page below the three-inch margin:

(a) The name, physical business mailing address and business or employment telephone number of the individual who prepared the document; and the name, mailing address and telephone number of every grantor, grantee, borrower, beneficiary, trustee or other party to the instrument.

(b) A return address.

(c) The title of the document or instrument.

(d) Any address and telephone number required by Section 27-3-51, Mississippi Code of 1972.

(e) The legal description of the property or indexing instruction per Section 89-5-33(3). If there is insufficient space on the first page for the entire legal description or the entire indexing instruction, immediately succeeding pages shall be used.

(3) The following documents or instruments are exempt from the format requirements of this section:

(a) A document or instrument that was executed before July 1, 2009.

(b) A military separation document or instrument.

(c) A document or instrument executed outside the United States.

(d) A certified copy of a document or instrument issued by a court or governmental agency, including a vital record.

(e) A document or instrument where one (1) of the original parties is deceased or otherwise incapacitated.

(f) A document or instrument formatted to meet court requirements.

(g) A federal tax lien.

(h) A filing under the Uniform Commercial Code.

(4) The recorder shall record a document or instrument that does not substantially conform to the format standards specified in subsections (1) and (2) of this section upon payment of an additional recording fee of Ten Dollars ($10.00) per document or instrument. The fee shall be charged only for documents or instruments dated on or after July 1, 2009; this fee may not be charged for those documents or instruments specifically exempted in subsection (3).

(5) Failure to conform to the format standards specified in this section does not affect the validity or enforceability of the document or instrument.

§ 89-5-25

(1) It shall be the duty of the clerk of the chancery court to whom any written instrument is delivered to be recorded, and which is properly recordable in his county, to record the same without delay, together with the acknowledgments of proofs and the certificates thereof, and also the plats of surveys, schedules, and other papers thereto annexed, by entering them word for word in a fair handwriting, or typewriting, or by filling up printed forms, or by recording by photostat machine or other equally permanent photographic or electronic process, and entering the hour and minute, the day of the month, and the year when the instrument was delivered to him for record, and when recorded. Records filed or stored electronically may be in addition to, or in lieu of, the physical record on paper. He shall also carefully preserve all instruments of writing, which are properly acknowledged and delivered to him to be recorded, and after recording deliver them to the party entitled thereto on demand. He shall also put a complete alphabetical index, both direct and reverse, to each book, except as provided in subsection (2), herein; and every person shall have access, at proper times, to such books, and be entitled to transcripts from the same on paying the lawful fees. He shall record the deeds and other instruments in the order of time in which they are filed for record as far as practicable.

(2) In counties having a population in excess of one hundred nineteen thousand (119,000) with an assessed valuation of all taxable property therein in excess of Sixty-three Million Dollars ($63,000,000.00), and having two (2) cities wholly located therein, each with a population in excess of thirty thousand (30,000) persons according to the preceding Federal Census, wherein the clerk of the chancery court has a well kept general index, both direct and reverse, for each kind or class of record books as required by Section 89-5-33, the board of supervisors may, by order spread upon its minutes, authorize the clerk of the chancery court to omit putting such index in each separate book of the records to which such general index is kept.

(3) This section shall not be construed to authorize and empower the boards of supervisors to purchase any photostat machines or other equally permanent photographic or electronic processes.

(4) From and after July 1, 2009, instruments to be recorded shall comply with the provisions of Section 89-5-24.

§ 89-5-27

The clerk of the chancery court, or his deputy, shall give a receipt for every written instrument delivered to him to be recorded, if demanded, in which he shall state the name of the parties, the date of delivery and quantity of land or other property therein specified, and shall also certify on or under such instrument the hour and minute, the day and month, and the year when he received it; and when the same is recorded, he shall make an appropriate reference where it is recorded, and an itemized statement of his fees therefor, and he shall deliver it to the party entitled to receive it when called for.

§ 89-5-29

Except as hereinafter provided, all mortgages and deeds of trust upon land given to secure the payment of money, and all instruments of writing whereby a trustee is substituted under any such deed of trust, and all instruments of writing canceling or satisfying, or authorizing the cancellation or satisfaction of any such mortgage or deed of trust, shall be recorded separately from other instruments relating to land or records, and such records shall be called “records of mortgages and deeds of trust on land.”

§ 89-5-33

(1) The clerk of the chancery court shall provide a general index, direct and reverse, on which shall be entered, in regular alphabetical order under the appropriate letter, the name of each maker of the instrument and the name of each person to whom made; and in like alphabetical order under its appropriate title shall be entered the name of each person to whom the instrument is made and the name of each person by whom made. A general index, both direct and reverse, of mortgages and deeds of trust on land shall be kept separate from the general index to other records which the chancery clerk is required to keep, and he shall make the proper entries in it as he is required to make in the other general index. Immediately on receipt of any instrument to be recorded, the clerk shall make these entries in the appropriate general index and, after recording the instrument, the book and page in which the record is made shall be noted opposite each name thus placed in such general index, both direct and reverse.

(2) The clerk of the chancery court shall maintain a sectional index to instruments describing land which are also entered in the general index. Each entry shall state the name of each maker of the instrument, the name of each person to whom made, and the date, type of instrument and the appropriate reference where recorded. Opposite each such entry, the sectional index shall indicate the location of the land described in the instrument (a) by quarter section or governmental lot or other applicable subdivision of each section, township and range established by governmental survey, or (b) by lot number for platted subdivisions, official surveys, and unofficial subdivisions and surveys commonly in use. The clerk may elect to keep the sectional index by quarter-quarter section rather than by the quarter section, but shall not require a preparer's indexing instruction to describe the quarter-quarter section. Except as otherwise provided in this section, every instrument describing land and required to be entered in the general index shall also be entered in the sectional index. In the event of conflict between the general and the sectional indices, the notice imparted by the general index shall prevail except to the extent the land is described by lot number for platted subdivisions, official surveys, and unofficial subdivisions and surveys commonly in use, the sectional index shall prevail.

(3) Every surveyor or other person who prepares a legal description of land or who prepares an instrument utilizing an existing description and every person who prepares a deed of trust shall (except as herein provided) include an indexing instruction which shall state the section, township and range and one or more quarter sections or governmental lots or other applicable subdivisions of each section in which the land is located. The preparer, at his option, may elect to note the quarter-quarter section in which the land is located, but shall not be required to do so. However, if the section or quarter sections or governmental lots or other applicable subdivisions of the section cannot feasibly be determined by such surveyor or other person, the indexing instruction shall contain a statement to that effect and shall then state all of the sections and quarter sections or governmental lots or other applicable subdivisions of the section in which the described land could possibly be located. The indexing instruction shall be distinctly set apart in the instrument so as to be readily apparent to the chancery clerk. A chancery clerk shall refuse to accept delivery of an instrument which does not contain the indexing instruction required in this section unless the instrument otherwise discloses the information required to be included in an indexing instruction. To be accepted for recording, an instrument shall state the name, address and telephone number of the person, entity or firm preparing it. If prepared by an attorney, the instrument shall also include the attorney's Mississippi bar number. The fact that the indexing instruction or preparer information may be omitted, incorrect, incomplete or false shall not invalidate the instrument or the filing thereof for record. The chancery clerk shall enter the instrument in the sectional index according to the indexing instruction, or equivalent information if accepted for filing without an indexing instruction, and shall make no entries under any other quarter sections or governmental lots or subdivisions of the section. Notwithstanding the foregoing, the following kinds of instruments shall be indexed as stated:

(a) Instruments describing land by reference to officially platted subdivisions or to official surveys or to unofficial subdivisions and surveys commonly in use will not require an indexing instruction and shall be indexed in the general index and the sectional index for such subdivision or survey without further requirement.

(b) Instruments describing land or interests in land solely by reference to previously recorded instruments or affecting previously recorded instruments shall not require an indexing instruction and need not be entered in the sectional index but shall be entered in the general index and noted on the margin of the previously recorded instrument. Instruments describing land or interests in land by specific description of certain parcels and, for other parcels, by reference to previously recorded instruments, shall be entered in the sectional index according to the indexing instruction for the specific description and also noted on the margin of the previously recorded instrument, in addition to the general index.

(c) Instruments containing blanket descriptions of all land within a stated geographic area without specific description shall be entered in a separate part of the sectional index or in an index of indefinite records or an index of blanket conveyances in addition to the general index.

(d) Instruments describing land in irregular sections (all or any part of a section not capable of being divided into quarter sections for indexing purposes) shall be entered in the general index and in an appropriate sectional index maintained by the chancery clerk. The indexing instruction, however, shall be proper and complete if it states no more than the number of the irregular section or sections in which the land is located or, as above provided, in which the land could possibly be located. When an instrument describes land within an irregular section according to officially platted subdivisions or to official surveys or to unofficial subdivisions or surveys commonly in use, it shall be indexed in the sectional index for such subdivisions or surveys.

(4) When an instrument has been restored to service from microfilm or other archived record, the chancery clerk shall enter a notation on the margin stating that it is a substituted record and stating the date on which it was restored to service. Such marginal notation shall then constitute notice that the general index must be examined for instruments filed prior to such date which may have been noted on the margin of the original record but do not appear on the margin of the restored record.

(5) The clerk of the chancery court shall enter instruments in the sectional index by the end of the twentieth day the office is open following the day on which the instrument is filed, except for records of tax sales.

(6) If the chancery clerk elects to abbreviate the names of parties to an instrument in the indices, the clerk shall maintain a list of standard abbreviations used for that purpose and shall adhere to such list.

(7) The clerk of the chancery court shall not correct or alter an entry made in any index, whether kept manually or by computer, unless the date and time of the change is clearly disclosed on the revised record.

(8) If insufficient space is available for making entries on the margin of a recorded instrument, the chancery clerk may enter on the margin a reference where a continuation sheet is located.

(9) Except as expressly provided herein, nothing contained in this section shall be construed to modify the requirements of other statutes regarding the duties of the clerk of the chancery court to index and record instruments affecting the title to land.

§ 89-5-35

Every conveyance by a sheriff, constable, marshal, master, commissioner, executor, administrator, guardian, trustee, or other person, in an official or representative character, shall be indexed by the clerk in proper alphabetical order as the conveyance of each person who executed it, and, in like manner, as the conveyance of each person whose property is sold and conveyed; and, for failure herein, he shall be liable in damages and for a penalty of Two Hundred Dollars ($200.00) to any person sustaining damage by such failure.

§ 89-5-37

The clerk of the chancery court, or his deputy, shall not record any mortgage or deed of trust in which the name of the beneficiary is not disclosed therein, and if such instrument is recorded it shall not impart notice to anyone. But the preceding sentence shall not apply if the mortgage or deed of trust discloses as beneficiary the name of an agent or other representative designated as such of one or more holders of the secured indebtedness in which event there shall be no requirement to disclose the holders of promissory notes, bonds, certificates of participation, trustee's certificates or the like secured by the mortgage or deed of trust. The assignment or transfer of a secured indebtedness need not be filed for record nor entered on the margin of the record if the holder thereof is represented by an agent, trustee or the like disclosed as beneficiary in the mortgage or deed of trust.

§ 89-5-39

A book of record of conveyances shall not be removed by writ or subpoena duces tecum, or otherwise, before any court, out of the courthouse in which such record is kept, when a certified copy or transcript may be given in evidence.

§ 89-5-41

Where it is not now so provided by law, in any county divided into two (2) districts for circuit and chancery courts, the board of supervisors may, by an order entered on its minutes, to go into effect six (6) weeks thereafter, require the clerk of the chancery court to transcribe into new record books the record of all conveyances theretofore made, and record all conveyances thereafter made affecting property situated wholly or partly in the district not before having the records; and all conveyances shall thereafter be recorded only in the proper district. And the records of conveyances in such district shall be kept and have the same effect as if they were several counties.

§ 89-5-43

Any clerk who shall refuse or fail to perform any of the duties herein required shall, for every such refusal or neglect, be liable on his official bond to any party injured for all damages which such party may have sustained by reason of the nonperformance of such duty.

§ 89-5-45

Sales of land made under deeds of trust by substituted trustees shall not convey the interest of the grantor or grantors therein, but shall be absolutely null and void, both at law and in equity, unless the substitution shall appear of record in the office of the chancery clerk of the county where the land is situated, and unless it shall so appear by being actually spread at large upon the record before the first advertisement or notice of sale shall have been posted or published; the filing for record or lodging with the clerk not being sufficient. Such substitution, however, may so appear by a separate instrument recorded as above set out in all respects, or a copy of such substitution may be recorded as above set out. Provided, however, that where the beneficiary named in the deed of trust is an agency of the United States or the State of Mississippi, a national or state chartered bank or savings and loan association, a federal land bank, a production credit association, or an insurance company, the beneficiary may substitute the trustee named therein and the trustee named in all deeds of trust held by such beneficiary in the county, by recording in the office of the chancery clerk in the county where the land encumbered is situated one (1) instrument designated as a general substitution. It shall not be necessary for the general substitution to identify individually deeds of trust affected, or the grantors therein, it being sufficient if the instrument recites the name and address of the beneficiary and declares that its purpose is to name a substitute trustee for all mortgages or deeds of trust held by the named beneficiary which are recorded in the county. All general substitutions shall be indexed by the chancery clerk in a separate book especially designated for such purpose.

§ 89-5-101

This article may be cited as the Uniform Real Property Electronic Recording Act.

§ 89-5-103

(1) “Document” means information that is:

(a) Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and

(b) Eligible to be recorded in the land records maintained by the chancery clerk.

(2) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(3) “Electronic document” means a document that is received by the chancery clerk in an electronic form.

(4) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.

(5) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(6) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

§ 89-5-105

(a) If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying this article.

(b) If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.

(c) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature.

§ 89-5-107

(a) In this section, “paper document” means a document that is received by the chancery clerk in a form that is not electronic.

(b) A chancery clerk:

(1) Who implements any of the functions listed in this section shall do so in compliance with standards established by the commission.

(2) May receive, index, store, archive, and transmit electronic documents.

(3) May provide for access to, and for search and retrieval of, documents and information by electronic means.

(4) Who accepts electronic documents for recording shall continue to accept paper documents as authorized by state law and shall place entries for both types of documents in the same index.

(5) May convert paper documents accepted for recording into electronic form.

(6) May convert into electronic form information recorded before the chancery clerk began to record electronic documents.

(7) May accept electronically any fee or tax that the chancery clerk is authorized to collect.

(8) May agree with other officials of a state or a political subdivision thereof, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees and taxes.

§ 89-5-109

(a) The Mississippi Electronic Recording Commission consisting of eleven (11) members is created to adopt standards to implement this article. The membership of the commission shall comprise the following:

(1) A person appointed by the Governor;

(2) A person appointed by the Lieutenant Governor;

(3) A person appointed by the Speaker of the House of Representatives;

(4) Three (3) members of the Chancery Clerks' Association;

(5) A person appointed by the Mississippi Association of Supervisors;

(6) The director of the Mississippi Information Technology Services or his designee; and

(7) Three (3) persons appointed by the Secretary of State.

Appointed members of the commission shall serve a term of two (2) years from the date of appointment as evidenced by letters to the Secretary of the Senate and the Clerk of the House of Representatives, with the appointment letter last received being the effective date of appointment. Any member serving by virtue of appointment shall serve until a successor is duly appointed. Appointed members shall be eligible for reappointment at the end of their terms.

(b) Appointments are to be made no later than October 1, 2011, and the initial meeting of the commission is to be held no later than November 1, 2011. The initial meeting is to be called at a time and place designated by the Secretary of State who shall preside until a permanent chair is elected. The election of a permanent chair shall be held at the initial meeting. The chair shall serve during the chair's tenure but shall not serve consecutive terms as chair. The commission shall establish rules to govern the conduct of its meetings and shall elect such officers as provided in the rules. A quorum shall consist of no fewer than six (6) members.

(c) To keep the standards and practices of chancery clerks in this state in harmony with the standards and practices of recording offices in other jurisdictions that enact substantially this article and to keep the technology used by chancery clerks in this state compatible with technology used by recording offices in other jurisdictions that enact substantially this article, the commission, so far as is consistent with the purposes, policies, and provisions of this article, in adopting, amending, and repealing standards shall consider:

(1) Standards and practices of other jurisdictions;

(2) The most recent standards promulgated by national standard-setting bodies, such as the Property Records Industry Association;

(3) The views of interested persons and governmental officials and entities;

(4) The needs of counties of varying size, population, and resources; and

(5) Standards requiring adequate information security protection to ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering.

§ 89-5-111

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.

§ 89-5-113

This article modifies, limits, and 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(c) of that act (15 USCS Section 7001(c)) or authorize electronic delivery of any of the notices described in Section 103 (b) of that act (15 USCS Section 7003(b)).

Chapter 6 Mississippi Plane Coordinate System

§ 89-6-1

(1) The systems of plane coordinates established and maintained by the National Ocean Service/National Geodetic Survey (formerly the United States Coast and Geodetic Survey), or its successors, for defining and stating the geographic position or location of points on the surface of the earth within the State of Mississippi are hereafter to be known and designated as the Mississippi Coordinate System of 1927 (MCS'27) and the Mississippi Coordinate System of 1983 (MCS'83). These systems divide the area within the state into an “East Zone” and a “West Zone.”

(2)(a) The area now included in the following eastern counties shall constitute the East Zone: Alcorn, Attala, Benton, Calhoun, Chickasaw, Choctaw, Clarke, Clay, Covington, Forrest, George, Greene, Hancock, Harrison, Itawamba, Jackson, Jasper, Jones, Kemper, Lafayette, Lamar, Lauderdale, Leake, Lee, Lowndes, Marshall, Monroe, Neshoba, Newton, Noxubee, Oktibbeha, Pearl River, Perry, Pontotoc, Prentiss, Scott, Smith, Stone, Tippah, Tishomingo, Union, Wayne, Webster and Winston.

(b) The area now included in the following western counties shall constitute the West Zone: Adams, Amite, Bolivar, Carroll, Claiborne, Coahoma, Copiah, DeSoto, Franklin, Grenada, Hinds, Holmes, Humphreys, Issaquena, Jefferson, Jefferson Davis, Lawrence, Leflore, Lincoln, Madison, Marion, Montgomery, Panola, Pike, Quitman, Rankin, Sharkey, Simpson, Sunflower, Tallahatchie, Tate, Tunica, Walthall, Warren, Washington, Wilkinson, Yalobusha and Yazoo.

(3) When any survey extends from one (1) into the other of the above coordinate zones, the position of all points involved may be referred to either of the two (2) zones.

§ 89-6-3

The plane coordinate values for a point on the earth's surface, used to express the geographic position or location of such point in the appropriate zone of the systems described in Section 89-6-1, shall consist of two (2) distances expressed in U.S. Survey Feet and decimals of a foot when using the Mississippi Coordinate System of 1927 and expressed in meters and decimals of a meter or U.S. Survey Feet and decimals of a foot when using the Mississippi Coordinate System of 1983. One (1) of these distances, to be known as the “Y” or “N-coordinate,” shall give the position in a north and south direction; the other, to be known as the “X” or “E-coordinate,” shall give the position in an east and west direction. These coordinates shall be made to depend upon and conform to the plane rectangular coordinate values for the monumented points of the National Geodetic Reference System as published by the National Ocean Service/National Geodetic Survey (formerly the United States Coast and Geodetic Survey), or its successors, and whose plane coordinates have been computed on the system defined in this chapter.

§ 89-6-5

For purposes of more precisely defining the Mississippi Coordinate System of 1927, the following definition by the United States Coast and Geodetic Survey (now the National Ocean Service/National Geodetic Survey) is adopted:

(a) The “Mississippi Coordinate System of 1927 East Zone” is a transverse Mercator projection of the Clarke spheroid of 1866, having a central meridian eighty-eight (88) degrees fifty (50) minutes west of Greenwich, on which meridian the scale is set at one (1) part in twenty-five thousand (25,000) too small. The origin of coordinates is at the intersection of the meridian eighty-eight (88) degrees fifty (50) minutes west of Greenwich and the parallel twenty-nine (29) degrees forty (40) minutes north latitude. This origin is given the coordinates: X = 500,000 feet and Y = 0 feet.

(b) The “Mississippi Coordinate System of 1927 West Zone” is a transverse Mercator projection of the Clarke spheroid of 1866, having a central meridian ninety (90) degrees twenty (20) minutes west of Greenwich, on which meridian the scale is set at one (1) part in seventeen thousand (17,000) too small. The origin of coordinates is at the intersection of the meridian ninety (90) degrees twenty (20) minutes west of Greenwich and the parallel thirty (30) degrees thirty (30) minutes north latitude. This origin is given the coordinates: X = 500,000 feet and Y = 0 feet.

§ 89-6-7

For purposes of more precisely defining the Mississippi Coordinate System of 1983, the following definition by the National Ocean Service/National Geodetic Survey is adopted:

(a) The “Mississippi Coordinate System of 1983 East Zone” is a transverse Mercator projection of the North American Datum of 1983, having a central meridian of eighty-eight (88) degrees fifty (50) minutes west of Greenwich, on which meridian the scale is set at one (1) part in twenty thousand (20,000) too small. The origin of coordinates is at the intersection of the meridian eighty-eight (88) degrees fifty (50) minutes west of Greenwich and the parallel twenty-nine (29) degrees thirty (30) minutes north latitude. This origin is given the coordinates: N = 0 meters and E = 300,000 meters.

(b) The “Mississippi Coordinate System of 1983 West Zone” is a transverse Mercator projection of the North American Datum of 1983, having a central meridian ninety (90) degrees twenty (20) minutes west of Greenwich, on which meridian the scale is set at one (1) part in twenty thousand (20,000) too small. The origin of coordinates is at the intersection of the meridian ninety (90) degrees twenty (20) minutes west of Greenwich and the parallel twenty-nine (29) degrees thirty (30) minutes north latitude. This origin is given the coordinates: N = 0 meters and E = 700,000 meters.

§ 89-6-9

The use of the term “Mississippi Coordinate System of 1927” (MCS'27) or “Mississippi Coordinate System of 1983” (MCS'83) on any map, report of survey, or other document shall be limited to coordinates based on the Mississippi coordinate systems as defined in this chapter.

§ 89-6-11

No coordinates based on either Mississippi coordinate system, purporting to define the position of a point, shall be recorded on any plat or in any public record unless the coordinates are derived from an accurate connection to an identified existing or newly established permanently-monumented third order Class I(1:10,000) or higher order station of the National Geodetic Reference System. Standards and specifications of the Federal Geodetic Control Committee (FGCC) or its successor in force on the date of survey shall apply. Published existing control stations or the acceptance with intent to publish the newly established station by the National Ocean Service/National Geodetic Survey will constitute evidence of adherence to the FGCC specifications.

§ 89-6-13

For purposes of describing the location of any point in the State of Mississippi, it shall be considered a complete, legal and satisfactory description of such location to give the position of such point on the system of plane coordinates defined in this chapter, provided the connection to the Mississippi Coordinate System is made in accordance with the provisions of this chapter and the standards of practice for surveying as adopted by the Board of Licensure for Professional Engineers and Surveyors. Whenever coordinates are affixed to any point which has previously been described by another system, the coordinates shall be construed as additional evidence of the location of the same point. In the event of any conflict as to the point or its location, the common rules of evidence shall be used to resolve the conflict. When used to reference the position of a point to be cited in recorded description of real property, the description must be written in a form that is tied to the existing land system.

§ 89-6-15

The Mississippi Coordinate System of 1927 shall not be used after December 31, 1999; the Mississippi Coordinate System of 1983 shall be the sole system after such date.

§ 89-6-17

Any conversion of distances or coordinates between the English and metric unit shall be made using the following conversion factor: one (1) meter equals 3.280833333 1/3 U.S. Survey feet. A minimum of ten (10) significant figures shall be used when converting coordinates.

§ 89-6-19

No provision of this chapter shall prohibit or preclude the use of metes and bounds descriptions or lot and block descriptions.

Chapter 7 Landlord and Tenant

§ 89-7-1

No goods or chattels, lying or being in or upon any messuage, lands or tenements, leased or rented for life, years, at will, or otherwise, shall at any time be liable to be taken by virtue of any writ of execution, or other process whatever, unless the party so taking the same shall, before the removal of the goods or chattels from such premises, pay or tender to the landlord or lessor thereof, all the unpaid rent for the said premises, whether the day of payment shall have come or not, provided it shall not amount to more than one year's rent; and the party suing out such execution or other process, paying or tendering to such landlord or lessor the rent unpaid, not to exceed one year's rent, may proceed to execute his judgment or process; and the officer levying the same shall be empowered and required to levy and pay to the plaintiff as well the money so paid for rent, as the money due under the process, and when the rent contracted for is payable, not in money, but in other things, the creditor shall pay the landlord the money value of such things.

§ 89-7-3

A tenant shall not be bound to pay rent for buildings after their destruction by fire or otherwise, nor shall a covenant or promise by a lessee to leave or restore the premises in good repair have the effect to bind him to erect or pay for such buildings as may be so destroyed, unless in respect to the matters aforesaid there was negligence or fault on his part, or unless he has expressly stipulated to be so bound.

§ 89-7-5

Where there is no contract, or where the agreement is not in writing, a landlord may maintain an action to recover a reasonable satisfaction for the use and occupation of the lands held and enjoyed by another. If on the trial of such action there appear in evidence any demise or agreement the plaintiff shall not on that account be nonsuited, but may make use thereof as evidence of the amount to be recovered.

§ 89-7-7

A person having rent in arrear or due upon any lease or demise of lands for life or lives, for years, at will, or otherwise, may bring an action for such arrears of rent against the person who ought to have paid the same or his legal representative.

§ 89-7-9

When a tenant for life who shall have demised lands, shall die on or after the day when any rent became payable, his executor or administrator may recover from the under-tenant the whole rent due; and if he die before the day when any rent is to become due, he may recover the proportion of the rent which accrued before the time of the death of the tenant. The tenant for the life of another, his executor or administrator, in case of the death of the person for whose life the estate is held, on or before the day when any rent shall become due shall have like remedy; and a like apportionment shall be made in the case of annuities.

§ 89-7-11

If a person lease his land and die, the rent to accrue for the land during the year of his death shall be payable to the personal representative of the decedent, who shall have the same remedy therefor as the decedent would have had if he had lived.

§ 89-7-13

The executor or administrator of a person to whom rent is due and not paid at the time of his death may have an action for all such arrearages against the tenant or tenants who ought to have paid the rent so being behind in the lifetime of their testator or intestate, or against the executors or administrators of such tenants. Every executor or administrator of any person to whom such rent is due and not paid at the time of his death, may distrain for the arrearages of all such rents on the lands which were charged with the payment of such rents, and liable to the distress of the testator or intestate, so long as the same continue in the seizin or possession of the tenant who ought to have paid the rent to the testator or intestate in his lifetime, or in the seizin or possession of any person claiming the lands, only by and from the tenant, by purchase, gift, or descent, in like manner and form as the said executor's or administrator's testator or intestate might have done in his lifetime. The executors and administrators for the same distress may lawfully make avowry.

§ 89-7-15

The grantees or assignees, and their heirs, personal representatives and assignees, of any lands let to lease, or of the reversion thereof, may have and enjoy the same advantages against the lessees, their personal representatives and assigns, by entry for the non-payment of rent, or for doing of waste or suffering any forfeiture, and may have and avail of all the covenants and agreements contained in the leases, demises or grants against the lessees, their personal representatives and assigns, which the lessors themselves or their heirs could have had or enjoyed.

§ 89-7-17

Grants of rents or reversions or remainders shall be good and effectual without attornment of the tenants; but a tenant who has paid the rent to the grantor before notice of the grant shall not suffer any damage thereby.

§ 89-7-19

The attornment of a tenant to a stranger shall be void unless it be with the consent of the landlord of such tenant, or pursuant to or in consequence of the judgment of a court of law or the decree of a court of equity.

§ 89-7-21

All lessees of lands for a term of years, life or lives, their executors, administrators, or assigns, may have like action and advantage against all and every person or persons, their heirs and assigns, which have any gift or grant of the reversion of said lands, so leased, or any parcel thereof, for any condition, covenant, or agreement in their lease or leases, as the lessees, or any of them, might have had against the lessors and their heirs, only excepting the benefit and advantage of recoveries in value, by reason of any warranty in deed or law.

§ 89-7-23

Notice to quit shall be necessary only where the term is not to expire at a fixed time. In all cases in which a notice is required to be given by the landlord or tenant to determine a tenancy, two (2) months' notice, in writing, shall be given where the holding is from year to year, and one (1) month's notice shall be given where the holding is by the half-year or quarter-year; and where the letting is by the month or by the week, one (1) week's notice, in writing, shall be given. This section shall not apply to rental agreements governed by the Residential Landlord and Tenant Act.

§ 89-7-25

When a tenant, being lawfully notified by his landlord, shall fail or refuse to quit the demised premises and deliver up the same as required by the notice, or when a tenant shall give notice of his intention to quit the premises at a time specified, and shall not deliver up the premises at the time appointed, he shall, in either case, thenceforward pay to the landlord double the rent which he should otherwise have paid, to be levied, sued for, and recovered as the single rent before the giving of notice could be; and double rent shall continue to be paid during all the time the tenant shall so continue in possession.

§ 89-7-27

A tenant or lessee at will or at sufferance, or for part of a year, or for one or more years, of premises or other lands not constituting a dwelling unit as defined in Section 89-8-7(b), and the assigns, undertenants, or legal representatives of such tenant or lessee, shall be removed from the premises by the justice court judge, county court judge or circuit court judge where the premises, or some part thereof, are situated, in the following cases, to wit:

First. Where such tenant shall hold over and continue in possession of the demised premises, or any part thereof, after the expiration of his possessory term, without the permission of the landlord.

Second. After any default in the payment of the rent pursuant to the agreement under which such premises are held, and three (3) days' notice, in writing, requiring the payment of such rent or the possession of the premises, shall have been served by the person entitled to the rent on the person who owes the rent. Notice of default by email or text message is proper if the tenant has agreed in writing to be notified by that means.

Third. If a written agreement between the landlord and tenant exists, any event calling for eviction in the rental agreement may trigger the eviction process under this section. Notice of default by email or text message is proper if the tenant has agreed in writing to be notified by that means.

§ 89-7-29

To commence a civil action under Section 89-7-27, the landlord shall file a sworn affidavit or complaint, based upon the terms of the rental agreement that:

(a) States the facts requiring the removal of the tenant;

(b) Identifies the address of, or otherwise describes, the premises and, if applicable, the amount of rent and any additional fees owed;

(c) Declares that the necessary notice has been given to terminate the tenancy; and

(d) Identifies any specific items of tenant property located at the premises as to which the landlord asserts a valid lien and has commenced, or is commencing, proceedings governed by Section 89-7-51 et seq., Mississippi Code of 1972.

§ 89-7-31

(1) Upon the filing of the sworn affidavit or complaint, a summons shall be issued for service upon the person in possession of the identified premises or claiming possession thereof. The summons shall command such person to immediately vacate the premises or to show cause before the judge, on a day to be named in the summons, why possession of the premises should not be delivered to the applicant.

(2) In addition to the information required by subsection (1) of this section and the applicable Mississippi Rules of Court, the summons shall state:

“You are being sued for eviction. At the eviction hearing, the judge will determine if the landlord is entitled to possession of your rental unit.

If the landlord is granted possession of the rental unit, then you will have at least seven (7) days from the date of the judgment to move out, unless a shorter or longer period of time for vacating the premises is ordered because of an emergency or other compelling circumstances.

If the landlord seeks possession based on nonpayment of rent, you do not have to move out if you pay all the sums owed to the landlord either before the eviction hearing or, afterwards, by the court-ordered move-out date.

If you move out by the date ordered by the court, leaving property behind, then the landlord may dispose of such abandoned property without further notice.

If you do not move out by the date and time ordered by the court, the landlord can have you removed by law enforcement.

If the landlord has asserted a lien against certain specified items and has commenced proceedings against the items, your right to remove the specified items of property will be addressed by the court.

You will have seventy-two (72) hours after your removal by law enforcement to take your other property not subject to a lien proceeding.

After seventy-two (72) hours, the landlord may remove any personal property remaining on the premises to the curb, an area designated for garbage or some other location agreed to by you and the landlord. You may still retrieve your personal property, but the landlord will have no obligation to preserve the personal property upon removal.”

§ 89-7-33

Service of summons shall be pursuant to applicable Mississippi Rules of Court.

§ 89-7-34

(1) In eviction actions, the court shall grant a default judgment to the landlord where:

(a) The landlord complies with Section 89-7-29;

(b) Issuance and service of summons is proper;

(c) The tenant fails to appear; and

(d) The landlord is otherwise entitled to a judgment under law.

(2) In eviction actions, the court shall grant judgment to the landlord where:

(a) The landlord complies with Section 89-7-29;

(b) The judge finds that the tenant failed to present a valid defense or counterclaim; and

(c) The landlord is otherwise entitled to a judgment under law.

(3) In eviction actions, judgments granted by the court shall be signed and executed on the same business day that the judgment is granted.

§ 89-7-35

(1) If a judgment of possession is granted to the landlord, either after a hearing or by default judgment, then the judge shall order the tenant to vacate the premises in seven (7) days from the date of the judgment, unless the court finds that a shorter or longer period of time is justified because of an emergency or other compelling circumstances.

(2) Prior to the court-ordered move-out date, the tenant shall have the same access to the premises as previously allowed under the terms of the rental agreement. Unless the judge has made some other finding regarding property at the premises, the tenant may remove its property during this time. If the tenant has vacated the premises by the court-ordered move-out date, then the landlord may dispose of any property, not addressed by the court, which the tenant leaves behind without further notice to the tenant.

(3) After the court-ordered move-out date, the landlord may request a warrant for removal. Upon such request and the payment of applicable fees, the judge shall, except as otherwise prohibited under subsection (5) of this section, immediately issue a warrant to the sheriff or any constable of the county in which the premises, or some part thereof, are situated, immediately commanding the sheriff or constable to remove all persons from the premises, and to put the landlord into full possession thereof.

(4) Unless the judge has made some other finding regarding property at the premises, the landlord shall allow the tenant reasonable access to the premises for seventy-two (72) hours after the warrant for removal has been executed to enable the tenant to remove the tenant's property, including any manufactured home. All property the tenant leaves on the premises seventy-two (72) hours after the execution of the warrant for removal shall be deemed abandoned and may be disposed of by the landlord without further notice or obligation to the tenant.

(5) In cases in which the possession judgment is based solely on the tenant's nonpayment of rent, the judge shall not issue a warrant for removal, on or before the court-ordered move-out date, if the tenant has paid in full all unpaid rent and other sums owed pursuant to the judgment. A landlord has an obligation of good faith to accept full payment of all sums owed pursuant to the money judgment entered if so tendered on or before the court-ordered move-out date.

§ 89-7-37

The tenant in possession of the premises, or any person claiming possession thereof, may, at or before the time appointed in the summons for showing cause, file an affidavit with the court, denying the facts upon which the summons was issued; and the matters thus controverted may be tried.

§ 89-7-39

The court may, at the request of either party, adjourn a hearing from time to time. A single adjournment shall not exceed ten (10) days, except by consent of both the landlord and tenant. When an adjournment is granted, the court, may issue subpoenas and attachments to compel the attendance of witnesses. However, in hearings for eviction, no adjournment shall extend the entire hearing beyond forty-five (45) days from the date the eviction action was filed.

§ 89-7-43

If a judgment of possession is not granted to the landlord, the judge shall assess costs against the landlord and issue execution therefor.

§ 89-7-47

The judge before whom proceedings shall be had against a tenant holding over, shall keep a full record of the proceedings, and shall carefully preserve all papers in the cause. Appeals from final judgements under this chapter shall be pursuant to applicable Mississippi Rules of Court.

§ 89-7-49

If a tenant of lands, being in arrear for rent, shall desert the demised premises and leave the same uncultivated or unoccupied, so that a sufficient distress cannot be had to satisfy the arrears of rent, any constable of the county may, at the request of the landlord, and upon due proof by affidavit that the premises have been deserted, leaving rent in arrear, and not sufficient distress thereon, go upon and view the premises, and upon being satisfied that the premises have been so deserted, he shall affix a notice, in writing, upon a conspicuous part of the premises, stating what day he will return to take a second view thereof, not less than five (5) days nor more than fifteen (15) days thereafter, and requiring the tenant then to appear and pay the rent and any late fees due. At the time specified in the notice the constable shall again view the premises, and if, upon second view, the tenant shall not pay the rent and any late fees due, or there shall not be sufficient distress upon the premises, then the justice court shall immediately or within forty-eight (48) hours put the landlord in possession of the premises, and the lease thereof to such tenant shall become void. The tenant may appeal to the circuit court from the proceedings of the justice court at any time within thirty (30) days after possession delivered, by serving notice in writing thereof upon the landlord, and by giving bond, with sufficient sureties, to be approved by the justice court, for the payment to the landlord of the costs of appeal, which may be adjudged against the tenant; and thereupon the justice court shall return the proceedings before him to the next term of the circuit court, and the court shall, at the return term, examine the proceedings in a summary way, and may order restitution to be made to the tenant, with costs of appeal, to be paid by the landlord; or in case of affirming the proceedings, shall award costs against the tenant and sureties in his bond.

§ 89-7-51

(1) Every lessor of land shall have a lien on the agricultural products of the leased premises, however and by whomsoever produced, to secure the payment of the rent and of money advanced to the tenant, and the fair market value of all advances made by him to his tenant for supplies for the tenant and others for whom he may contract, and for his business carried on upon the leased premises. This lien shall be paramount to all other liens, claims, or demands upon such products when perfected in accordance with Uniform Commercial Code Article 9--Secured Transactions (Section 75-9-101 et seq.). The claim of the lessor for supplies furnished may be enforced in the same manner and under the same circumstances as his claim for rent may be; and all the provisions of law as to attachment for rent and proceedings under it shall be applicable to a claim for supplies furnished, and such attachment may be levied on any goods and chattels liable for rent, as well as on the agricultural products.

(2) All articles of personal property, except a stock of merchandise sold in the normal course of business, owned by the lessee of real property and situated on the leased premises shall be subject to a lien in favor of the lessor to secure the payment of rent for such premises as has been contracted to be paid, whether or not then due. This lien shall be subject to all prior liens or other security interests perfected according to law. No such articles of personal property may be removed from the leased premises until such rent is paid except with the written consent of the lessor. All of the provisions of law as to attachment for rent and proceedings thereunder shall be applicable with reference to the lessor's lien under this subsection.

§ 89-7-53

A landlord shall have, for one (1) year, a lien for the reasonable value of all live stock, farming tools, implements and vehicles furnished by him to his tenant, upon the property so furnished and, as an additional security therefor, upon all the agricultural products raised upon the leased premises. The said property so furnished shall be considered as supplies and the lien therefor may be enforced accordingly. Such lien shall be a superior and first lien when perfected in accordance with Uniform Commercial Code Article 9--Secured Transactions (Section 75-9-101 et seq.), and need not otherwise be evidenced by writing.

§ 89-7-55

An attachment or distress may be sued out by the lessor of lands, his executors, administrators, or assigns. It may be had for rent of the leased premises due and in arrear, or to become due, as the case may be, and for advances made by the landlord or his administrator or executor for supplies for the tenant and others for whom the tenant may have contracted and for his business carried on upon the leased premises.

§ 89-7-57

To obtain the attachment or distress, the party entitled thereto, his agent or attorney, shall make complaint on oath before a justice court judge averring the facts which entitle the party seeking it to the remedy; and, if anything is demanded on account of supplies, there shall be filed with the complaint an itemized bill of particulars thereof. The complainant shall enter into bond with sufficient sureties, payable to the tenant, his executor or administrator, in a penalty equal to double the sum claimed to be due, conditioned to pay all damages as may be sustained by the obligee by the wrongful suing out of the writ, and all costs that may be awarded against the principal obligor.

§ 89-7-59

Such complaint and bond may be made before any justice of the peace of the county in which the leased premises, or some part thereof, may be situated, or of any county in which the property, or some part thereof, sought to be distrained or seized may be found.

§ 89-7-61

When the complaint has been made and bond given and approved by the justice court judge, it shall be his duty to issue a distress warrant or attachment-writ, commanding the seizure of the agricultural products, if any, upon which the party instituting the proceedings shall have claimed a lien, and also commanding the officer to distrain the goods and chattels other than the agricultural products of the tenant, if necessary, and deal with the same as provided by law; the entire seizure and distraint to be of value sufficient to satisfy the sum demanded with interest and costs.

§ 89-7-63

The affidavit for an attachment for rent and supplies, or either, may be in the following form, viz.:

“State of Mississippi,

__________ County.

“Before me, __________, a justice of the peace of the County of __________, came __________, who, being duly sworn, says on oath: That __________ [the tenant] is indebted to him [or if the affidavit be made by an agent or attorney, strike out ‘him’ and insert the name of the landlord or person to whom the rent is due, and add after the landlord's name, ‘of whom the affiant is agent’] in the sum of __________ dollars for rent in arrears [or if the rent be not due, strike out the words ‘in arrears,’ and insert ‘to become due on the ___ day of __________, A.D. __________’] by virtue of a lease for the term commencing on the ___ day of __________, A.D. __________, and ending on the ___ day of , A.D. of land situated in __________ County, and described as [here describe the leased premises; it is well to describe by name, if it has one, or by its occupants, and if such be the case it would be well to say ‘and occupied by said __________, tenant, during the year __________’].

“And the said __________, the tenant, is further indebted to affiant [or if the oath be made by an agent or attorney, strike out ‘affiant’ and insert the name of the landlord or person to whom the debt is due] in the further sum of __________ dollars, now due [if the debt be not due, strike out the words ‘now due,’ and insert ‘to become due on the ___ day of __________, A.D.’] __________ of which supplies a bill of particulars is attached hereto. Affiant [or if made by an agent or attorney, say ‘affiant's said principal’] claims a lie the following agricultural products raised during the year __________, on the said leased premises [here describe the products, giving their location, if known, for the officer's guidance].

“Sworn to and subscribed before me, this the ___ day of __________, A.D. __________

__________, J.P.”

(a) If the attachment be for rent only, strike out all relating to supplies; and if the claim be for supplies only, strike out all relating to the sum due for rent, and alter the form to suit the case.

(b) If the claim be not due, add to the form the following words: “And affiant has just cause to suspect, and does verily believe that the said tenant will remove [or has removed, as the case may be] his effects from said leased premises before said claim [or claims] be or shall become due, so that a distress or seizure cannot be made therefor, or so as to impair the landlord's lien on the agricultural products raised on the premises.”

(c) If the rent be for part of the crop, or other thing than money, the affidavit should state it as it is, giving the money value of what is due.

§ 89-7-65

The bond for an attachment for rent or supplies may be in the following form, viz.:

“We, __________, principal, and __________ and __________, sureties, bind ourselves to pay __________ the sum of __________ dollars, unless the said principal obligor herein shall pay to the said __________ all such damages as he shall sustain by reason of the wrongful suing out of an attachment for rent and supplies [if for rent only, strike out the words ‘and supplies;’ and if for supplies only, strike out the words ‘rent and’] in favor of said principal obligor against the said obligee for __________ dollars, for rent and supplies [if for rent only, strike out the words ‘and supplies;’ and if for supplies only, strike out the words ‘rent and’] due and in arrears [or if the attachment be for a debt to become due, strike out the words ‘due and in arrears,’ and insert ‘to become due on the ___ day of __________, A.D. __________’] upon certain leased premises, in __________ County.

“Witness our hands, this the ___ day of __________, A.D. __________

“__________,

__________”

“The above bond is approved by me, this ___ day of __________, A.D. ___.

“__________, J.P.”

§ 89-7-67

The writ of attachment for rent and supplies, or either, may be in the following form, viz.:

“The State of Mississippi.

“To the sheriff or any constable of __________ County, greeting:

“Complaint on oath having been made before the undersigned, an acting justice of the peace in and for __________ County, that __________ is indebted to __________ for rent in arrear on the following leased premises [here describe the premises as in the affidavit], in the sum of __________ dollars, and that the said __________ is further indebted to __________ for supplies furnished the said __________, the tenant, by his landlord, in the sum of __________ dollars additional; and the claim having been made that there is a lien to secure the said debts on the following named agricultural products [here describe the products as in the affidavit], and bond having been given as required by law:

“Now, this is to command you that you forthwith seize and take the said agricultural products to an amount sufficient to satisfy the said debts, with interest and costs; and, if there be not a sufficiency of said products so to do, then that you distrain the other goods and chattels of the said __________, the tenant, so that your whole seizure may be sufficient to satisfy both of said sums, with interest and costs, and that you deal with the same as the law directs.

“Witness my hand, the ___ day of __________, A.D. __________

__________, J.P.”

The above form must be varied so as to conform to the affidavit; and if a lien be not claimed, the command will be in these words:

“This is to command you to distrain the goods and chattels of the said __________, the tenant, to an amount sufficient to satisfy the said demands, with interest and costs, and that you deal with the same as the law directs.”

§ 89-7-69

The officer making a distress or seizure shall give notice thereof, with the cause of taking, to the tenant or his representative in person if found, or if not found, by leaving the notice at the dwelling house or other conspicuous place on the premises charged with the rent distrained for, and shall immediately advertise the property distrained or seized for sale as if under execution; and if the tenant or owner of the goods distrained or seized shall not, before the time appointed for the sale, replevy the same by giving bond with sufficient sureties, to be approved by such officer, payable to the plaintiff in the attachment, in double the amount claimed, conditioned for the payment of the sum demanded, with lawful interest for the same, and costs, at the end of three (3) months after making the distress, the officer shall sell the goods and chattels distrained or seized at public sale to the highest bidder for cash, and shall, out of the proceeds of the sale, pay the costs of the proceedings, and shall pay to the plaintiff the amount of his demand, with interest.

§ 89-7-71

The bond to be taken by the officer for the payment of the rent and supplies, or either, in three months, may be in the following form, viz.:

“The State of Mississippi,

County of __________

“We, __________, principal, and __________ and __________, sureties, bind ourselves to pay __________ the sum of __________ [here insert double the sum claimed] dollars, unless, on or before the ___ day of __________, A.D. __________, the said __________ shall pay to the said __________ the sum of __________ dollars, being for rent and supplies due him from the said __________, the tenant on the land in said county, being [here describe the leased premises as in the writ], together with interest thereon to said date, and the costs of the attachment for the same, levied on the property of said tenant, and now restored to him by virtue of this bond.

“Witness our signatures, this ___ day of __________, A.D. __________.

“__________,

“__________,

“__________.”

“The foregoing bond is approved by me, this ___ day of ___, ___.

“__________, Sheriff.”

If the attachment be for rent not due, the bond for the payment thereof will vary in its terms to suit the case.

§ 89-7-73

The bond taken for the payment of rent or supplies shall be forthwith delivered to the landlord for whom the distress was made; and if the money be not paid according to the condition, any court having jurisdiction of the amount thereof shall, on motion, award execution against the obligors therein, the bond being filed in the court, and five days' notice given of the motion.

§ 89-7-75

When any landlord or lessor shall have just cause to suspect, and shall verily believe, that his tenant will remove his agricultural products on which there is a lien, or any part thereof, from the leased premises to any other place before the expiration of his term, or before the rent or claim for supplies will fall due, or that he will remove his other effects, so that distress cannot be made, the landlord or lessor, in either case, on making oath thereof, and of the amount the tenant is to pay, and at what time the same will fall due, and giving bond, as required were the debt due, may, in like manner, obtain an attachment against the goods and chattels of such tenant; and the officer making the distress shall give notice thereof, and advertise the property distrained or seized for sale. If the tenant shall not, before the time appointed for sale, give bond, with sufficient sureties, in double the amount of the rent or other demand, payable to the plaintiff, conditioned for the payment of the sum due at the time it shall fall due, with costs, the goods distrained or seized, or so much thereof as may be necessary, shall be sold by the officer, at public sale, to the highest bidder, for cash, and out of the proceeds of the sale he shall pay the costs, and shall pay to the plaintiff the amount owing to him, deducting interest for the time until the same shall become due.

§ 89-7-77

When any tenant shall have actually removed his effects, other than the agricultural products, upon which there is a lien, from the leased premises before the rent or demand for supplies has become due, so that there be no sufficient property liable to distress or seizure left on the premises, the landlord may in like manner obtain an attachment at any time after such removal or within thirty (30) days after such rent or other claim becomes due, and may levy the same on the effects so removed wherever they may be found and like proceedings shall be had thereon as in other cases. And if any tenant shall remove his agricultural products upon which there is a lien from the leased premises, the landlord may at any time have the same seized wherever they may be found, and like proceedings shall be had thereon as in other cases.

§ 89-7-79

If any tenant shall at any time convey or carry off from the demised premises, his goods or chattels, leaving the rent, or any part thereof, or the sum owing for supplies, unpaid, the landlord or lessor, or his assigns, may, within thirty (30) days next after such conveying away or carrying off such goods or chattels, cause the same to be taken and seized wherever found, and the same to sell in like manner as if they had been distrained in or upon the demised premises. But goods or chattels, other than the agricultural products upon which there is a lien, so carried off and sold in good faith for a valuable consideration before seizure made, shall not be afterwards liable to be taken and seized for rent or supplies.

§ 89-7-81

Any person, or his executor, administrator, or assigns having rent in arrear upon any lease for life, years, or otherwise, ended and determined, or a claim for supplies, may distrain for such arrears, after the termination of the lease, in the same manner as if the same had not been determined; but the distress must be made within six (6) months after the termination of the lease, and during the continuance of the landlord's title or interest, and during the possession of the tenant from whom the arrears are due.

§ 89-7-83

If the tenant shall make affidavit, before the officer holding his property under an attachment for rent or supplies alleged to be due or to become due, that he does not or will not owe the amount claimed, such officer shall not sell the property, unless it be liable to perish or greatly depreciate, or be expensive to keep, in which case he shall sell it and hold the proceeds to the end of the suit; and he shall return the attachment with the affidavit and a statement of his proceedings to the proper court, and shall summon the party who sued out the attachment to appear there; and further proceedings shall be had as if the tenant had replevied the goods by giving bond.

§ 89-7-85

It shall not be lawful for any officer who may execute an attachment for rent or supplies to remove the property distrained or seized out of the county where the distress or seizure was made; and if any officer or other person shall so remove any property distrained or seized, he shall pay to the party aggrieved double the value of the property removed, to be recovered in an action. And, moreover, distresses and seizures shall in all cases be reasonable and not too great; and any officer who shall make an unreasonable distress or seizure, under color of law, shall be liable to the party aggrieved for double damages.

§ 89-7-87

When any distress or seizure shall be made for rent or supplies justly due, and any irregularity or unlawful act shall afterwards be done by the officer distraining or seizing, the distress or seizure shall not, for that reason, be unlawful, nor the officer making or seizing it, or the party at whose instance the writ was issued, become a trespasser from the beginning, but the party aggrieved by such irregularity or unlawful act, may recover the special damage he may have sustained thereby. However, an action shall not be sustained if tender of amends be made by the party distraining before suit is brought.

§ 89-7-89

The tenant, his executor or administrator, may replevy the agricultural products or other property distrained, at any time before the sale thereof, by giving bond with one or more sufficient sureties, to be approved by the officer in whose custody the property may be, payable to the party in whose name or right the distress or seizure was made, in a penalty double the amount distrained for or double the value of the property seized, where the value is less than the amount distrained for, conditioned to prosecute his suit against the obligee in the bond for the property, and to perform the judgment of the court in such suit, in case he shall fail therein. Upon the delivery of such bond to the officer having control of the property, he shall deliver the same to the party giving the bond, and shall return the bond and the writ of attachment, with a statement of his proceedings, to the clerk of the circuit court if the value of the property or amount distrained for exceed two hundred dollars ($200.00), and to the justice of the peace who issued the attachment if neither the amount claimed nor the value of the property exceed two hundred dollars ($200.00); and he shall summon the party in whose name or right the distress or seizure was made, to appear at the next term of the court to which return of the attachment and bond shall be made, to answer the suit of the person replevying the property; and the officer shall make his return of having summoned such party on the papers by him returned to the court.

§ 89-7-91

In case of failure to summon in the first instance the party in whose name or right the distress was made, a summons may be issued for him by the clerk of the circuit court or justice of the peace; and if he cannot be found, publication may be made as in attachment cases.

§ 89-7-93

The tenant's replevin-bond, or that of a claimant, may be in the following form, viz.:

“We, __________, principal, and __________ and __________, sureties, bind ourselves to pay __________ the sum of __________ dollars [double the value of the goods and chattels, if that be less than the rent claimed], unless the said __________ shall prosecute his suit against the said __________ for certain goods and chattels, to wit: Eight bales of cotton [or whatever is distrained], distrained for rent [or supplies, or both, as the case may be] by virtue of an attachment in favor of __________ against __________, issued by __________, a justice of the peace of __________ County, and now here restored to the said __________, and shall perform the judgment of the court in such suit in case he shall fail therein.

“Witness our hands, the ___ day of __________, A.D. __________.

“__________,

“__________,

“__________.”

“I approve the foregoing bond, this ___ day of ___, A.D. ___.

“__________”

§ 89-7-95

By the first day of the next term of the court to which such replevy-bond and attachment shall have been returned, or afterwards, if longer time be granted by the court, the party who replevied the property shall file either a motion to quash the attachment proceedings or his declaration in replevin, if in the circuit court, or appear and prosecute his claim, if in a justice's court, against the party in whose name or right the distress or seizure was made. Such party shall make defense, and if the attachment proceeding be quashed it may be amended. A tenant may file his declaration after a motion to quash shall have been denied, and the cause shall proceed to an issue and trial; and if upon trial it be found that the sum for rent or supplies was due, in whole or part, and that the distress was lawfully made, the landlord shall have judgment against the obligors in the replevy-bond for a return of the property replevied, or its value, to an amount sufficient to pay the sum found due, with interest and costs of suit. If the property replevied be restored, it shall be sold to satisfy the judgment, and if it be not sufficient, execution shall go against the party replevying for the residue.

§ 89-7-97

The declaration in replevin in such case may be substantially in the following form, to wit:

“State of Mississippi.

Circuit court, _______ term, A.D._______

County of _______

“Thomas East, the plaintiff in this case, complains of William West, the defendant, in an action of replevin.

“For that heretofore, to wit: on the ___ day of __________, A.D. __________, the said defendant wrongfully caused an officer of __________ County to seize and take from the plaintiff's possession, under an attachment for rent [or rent and supplies, or for supplies, as the case may be], certain personal property of the plaintiff's, to wit: here describe the property and give the value of each separate item of it .

“And the plaintiff avers that he is entitled to recover the same and also to recover of defendant the sum of __________ dollars damages for the said wrongful taking; wherefore, he sues and demands judgment accordingly, and costs of suit.”

§ 89-7-99

The only pleas to a declaration in replevin shall be either, first, a denial that the goods were seized on demand or at the plaint of the defendant; or, second, an avowry that they were rightfully seized for rent or supplies, or both, due and in arrear, or to become due. The two pleas can only be pleaded together when each is to only a part of the declaration and relates to separate portions of the property. The first of said pleas shall be substantially to the following effect, to wit:

“Now comes the defendant, William West, and for plea to plaintiff's declaration, says: It is not true that he caused an officer of __________ County to seize and take from plaintiff, Thomas East, under an attachment for rent, the possession of the property, or any part of it, described in the said declaration; and of this the defendant puts himself upon the country.”

On the trial of this plea the burden of proof shall be on the plaintiff.

§ 89-7-101

The avowry shall be substantially to the following effect, to wit:

“And now comes the defendant, William West, and for plea to plaintiff's declaration he says: True it is that he caused the property described in the plaintiff's declaration to be seized; but the seizure was not wrongful, because he says that before the said seizure defendant was the plaintiff's landlord; that he, the defendant, as landlord, leased to the plaintiff, as tenant, certain premises in said county, to wit: [here describe the leased premises] for the term beginning on the ___ day of __________, A.D. __________, and ending on the ___ day of __________, A.D. __________; that at the time of the said seizure the plaintiff, as tenant, was indebted to defendant, as landlord, in the sum of __________ dollars, for rent of said premises and for supplies furnished his said tenant by this defendant [or for rent alone or supplies alone, as the case may be]. An itemized account or statement of said indebtedness is herewith filed [or the note or writing evidencing said debt, as the case may be], and the said debt became due on the ___ day of __________, A.D. __________, and the said seizure was made to satisfy the sum so due; and this the defendant is ready to verify.”

If the avowry be for a sum to become due, strike out from the form all after the last parenthesis, and insert in lieu thereof the following, viz.: “Which said indebtedness will become due on the ___ day of __________, A.D. __________, and defendant had just cause to suspect, and verily believed, that the plaintiff would remove his effects, or some part of the agricultural products raised thereon, from the leased premises before the expiration of his term, or before the said debt would become due, so that distress could not be made, and the said seizure was made to satisfy the said sum. This the defendant is ready to verify.”

§ 89-7-103

If the avowry be for rent and supplies, or either, claimed to be due and in arrears, the replication by the plaintiff shall be substantially in the following form, viz.:

“And the plaintiff, for replication, says he was not indebted to the defendant as stated in his said avowry; and of this the plaintiff puts himself upon the country.”

§ 89-7-105

If the avowry be a claim for rent or supplies, or both, to become due, the plaintiff shall reply either that he was not indebted, as in the form last above, or he may reply in substance as in the following form, viz.:

“And the plaintiff, for replication, says that the defendant did not have just cause to suspect and verily believe that the plaintiff would remove his effects, or some part of the agricultural products raised thereon, from the leased premises before the expiration of his term or before the said debt would become due, so that distress could not be made; and of this plaintiff puts himself upon the country.”

The plaintiff may, in proper case, unite the said replications, or he may reply any other facts constituting a legal answer.

And on the trial of an issue on an avowry, the burden of proof shall be on the avowant, the landlord, and he shall have the right to open and conclude the argument.

§ 89-7-107

Suits by the tenant or a third person replevying the property, shall be triable at the first term of the court; and in either case, if the party replevying shall make default or fail to prosecute his suit, like judgment shall be entered against him and the sureties on the bond as upon an issue found against him on trial, and a new replevin or writ of second deliverance shall not be allowed.

§ 89-7-109

If either party to such replevin or other action growing out of an attachment for rent or supplies, die pending the same, the suit may be revived for or against the representatives of the deceased party as other actions that survive may be revived.

§ 89-7-111

If the trial of suit result in favor of the party replevying the property, the judgment shall be that he retain it, and recover of the party in whose name or right such distress was sued out damages for the wrongful suing out of the attachment. Thereupon scire facias may be issued to the sureties on the attachment-bond to appear at the next term of the court to show cause against a judgment being given against them for the amount of the judgment for damages against their principal, not to exceed the penalty of their bond; and if cause be not affirmatively shown, judgment shall be rendered against them.

§ 89-7-113

If the papers, in case of a replevin of property, be returned to the wrong court, they shall be transferred to the proper court, and the case be there proceeded with as if they had been returned to that court in the first instance.

§ 89-7-115

If any distress or seizure and sale be made under color of law for rent or supplies pretended to be due and in arrear, where, in truth, no rent or sum for supplies is due or owing to the party causing the distress or seizure to be made, then the owner of the agricultural products or other property so taken and sold, his executor or administrator, shall have remedy by action against the person in whose name or right such property was taken, his executor or administrator, and shall recover double the value of the property, with costs, or may put the bond of the plaintiff in suit to recover damages for the wrongful suing out of the writ, and shall recover therein double the value of the property, if the penalty of the bond amount to so much.

§ 89-7-117

Property, except agricultural products on which there is a lien for rent, found or being on any demised premises, not belonging to the tenant or to some person bound or liable for the rent of such premises, shall not be liable to be distrained for rent; but if the tenant or other person liable for the rent have a limited interest in the property, the same may be distrained, and the interest therein of the tenant or person liable for the rent may be sold.

§ 89-7-119

When any person other than the tenant shall claim to be the owner of any property distrained or seized for rent or supplies, he may make affidavit that said property is his, and not the property of the tenant, and not held to the use of the tenant in any manner whatever, and is not liable to such distress or seizure. If he desire immediate possession of said property, he shall give bond, with sufficient sureties, in the manner directed for the tenant, and such affidavit and bond shall be delivered to the officer who made the distress, who shall deliver the property to the claimant. Such claim may be interposed without giving bond, and the same proceedings shall be had thereon, except that the property claimed shall not be delivered to the claimant, but shall be disposed of as in the case of replevy by the tenant. Upon such claim being made, the landlord may release the property so claimed and forthwith distrain or seize other property in lieu thereof.

§ 89-7-121

The affidavit by a third person claiming property distrained or seized for rent or supplies may be in the following form, to wit:

“State of Mississippi,

__________ County.

“Before me, __________, a justice of the peace of the said county, __________ makes oath that certain property to wit: eight bales of cotton [or whatever the property may be], distrained for rent by __________, a constable of said county, by virtue of an attachment for rent in favor of __________ against __________, are the property of affiant and not the property of __________, nor held in trust for his use, in any manner whatsoever; and are not liable to such distress.

“Sworn to and subscribed before me, the ___ day of __________, A.D..

“__________, J.P.”

§ 89-7-123

The affidavit may be made before the officer having the property, and he shall make return of it and of the bond, if any, and the attachment papers, and summon the other party, as required in case of a replevin by the tenant; and the claimant replevying the property shall prosecute his suit against the party in whose name or right it was attached, in all respects as the tenant is required to do; and the pleadings and proceedings shall be conformed so as to present the proper issues.

§ 89-7-125

On the trial of the issue between the landlord and such claimant, the burden of proof to show ownership in the property shall be on the claimant.

Chapter 8 Residential Landlord and Tenant Act

§ 89-8-1

This chapter shall be known and may be cited as the “Residential Landlord and Tenant Act.”

§ 89-8-3

(1) This chapter shall apply to, regulate and determine rights, obligations and remedies under any rental agreement entered into after July 1, 1991, wherever made, for a dwelling unit located within this state. Any rights, obligations, or remedies at law or in equity not prohibited by this chapter remain available to residential landlords and tenants.

(2) The following arrangements are not governed by this chapter:

(a) Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious or similar service;

(b) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to the purchaser's interest;

(c) Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization;

(d) Transient occupancy in a hotel, motel or lodgings;

(e) Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative; or

(f) Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes or when the occupant is performing agricultural labor for the owner and the premises are rented for less than fair rental value.

§ 89-8-5

In any agreement, oral or written, for the rental of real property as a dwelling place, a landlord or tenant may not agree to waive or otherwise forego any of the rights, duties or remedies under this chapter, except as otherwise provided by this chapter. No rental agreement may provide that the tenant or the landlord:

(a) Authorizes any person to confess judgment on a claim arising out of the rental agreement; or

(b) Agrees to the exculpation or limitation of any liability of the landlord arising as a result of the landlord's willful misconduct or the costs connected therewith.

§ 89-8-7

(1) As used in this chapter, the following terms shall have the meaning ascribed herein unless the context requires otherwise:

(a) “Building and housing codes” means any law, ordinance, or governmental regulation concerning fitness for habitation, construction, maintenance, operation, occupancy or use of any premises or dwelling unit.

(b) “Court” means a justice court, a county court or a circuit court.

(c) “Dwelling unit” means a structure or the part of a structure that is used as a home, residence or sleeping place by one (1) person who maintains a household or by two (2) or more persons who maintain a common household.

(d) “Good faith” means honesty in fact in the conduct of the transaction concerned and observation of reasonable community standards of fair dealing.

(e) “Judge” means a justice court judge, a county court judge or a circuit court judge.

(f) “Landlord” means the owner, lessor or sublessor of the dwelling unit or the building of which it is a part, or the agent representing such owner, lessor or sublessor.

(g) “Organization” means a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two (2) or more persons having a joint or common interest, and any other legal or commercial entity.

(h) “Owner” means one or more persons, jointly or severally, in whom is vested (i) all or part of the legal title to property or (ii) all or part of the beneficial ownership and a right to present use and enjoyment of the premises, and the term includes a mortgagee in possession.

(i) “Premises” means a dwelling unit and the structure of which it is a part, facilities and appurtenances therein, and grounds, areas and facilities held out for the use of tenants generally or whose use is promised to the tenant.

(j) “Possession judgment” means a judgment granting the landlord exclusive possession of the premises pursuant to this chapter.

(k) “Rent” means all payments to be made to the landlord under the rental agreement, including any late fees that are required to be paid under the rental agreement by a defaulting tenant.

(l) “Rental agreement” means all written or oral agreements for a dwelling unit located within this state that are subject to this chapter.

(m) “Tenant” means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.

(n) “Qualified tenant management organizations” means any organization incorporated under the Mississippi Nonprofit Corporation Act, a majority of the directors of which are tenants of the housing project to be managed under a contract authorized by this section and which is able to conform to standards set by the United States Department of Housing and Urban Development as capable of satisfactorily performing the operational and management functions delegated to it by the contract.

(2) For purposes of giving any notice required under this chapter, notice given to the agent of the landlord is equivalent to giving notice to the landlord. The landlord may contract with an agent to assume all the rights and duties of the landlord under this chapter; provided, however, that such a contract does not relieve the landlord of ultimate liability in regard to such rights and duties.

§ 89-8-9

Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter, including the landlord's termination of a tenancy or the nonrenewal of a rental agreement or the removal of a tenant from the premises, imposes an obligation of good faith in its performance or enforcement.

§ 89-8-11

(1) A landlord may, from time to time, adopt written rules or regulations, however described, concerning the tenant's use and occupancy of the premises. They are enforceable against the tenant only if:

(a) Their purpose is to promote the convenience, safety or welfare of the tenants in the premises, preserve the landlord's property from abuse, or make a fair distribution of services and facilities provided for the tenants generally;

(b) They are reasonably related to the purpose for which they are adopted;

(c) They apply to all tenants in the premises in a fair manner;

(d) They are sufficiently explicit in their prohibition, direction or limitation of the tenant's conduct to fairly inform what must or must not be done to comply;

(e) They are not for the purpose of evading the obligations of the landlord.

(2) A rule or regulation adopted or amended after the tenant enters into the rental agreement is enforceable against the tenant if reasonable notice of its adoption or amendment is given to the tenant and it does not work a substantial modification of the rental agreement.

(3) If the dwelling unit is an apartment in a horizontal property regime, the tenant shall comply with the bylaws of the association of the apartment owners; and if the dwelling unit is an apartment in a cooperative housing corporation, the tenant shall comply with the bylaws of the corporation.

(4) Unless otherwise agreed, the tenant shall occupy the dwelling unit only as a dwelling unit.

§ 89-8-13

(1) If there is a material noncompliance by the tenant with the rental agreement or the obligations imposed by Section 89-8-25, the landlord may terminate the tenancy as set forth herein or resort to any other remedy at law or in equity not prohibited by this chapter.

(2) If there is a material noncompliance by the landlord with the rental agreement or the obligations imposed by Section 89-8-23, the tenant may terminate the tenancy as set out in subsection (3) of this section or resort to any other remedy at law or in equity not prohibited by this chapter.

(3) The nonbreaching party may deliver a notice to the party in breach in writing, or by email or text message if the breaching party has agreed in writing to be notified by email or text message, specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than fourteen (14) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of fourteen (14) days; and the rental agreement shall terminate and the tenant shall surrender possession as provided in the notice subject to the following:

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the breaching party adequately remedies the breach before the date specified in the notice, the rental agreement shall not terminate;

(b) In the absence of a showing of due care by the breaching party, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the nonbreaching party may terminate the rental agreement upon at least fourteen (14) days' notice in writing, or by email or text message if the breaching party has agreed in writing to be notified by email or text message, specifying the breach and the date of termination of the rental agreement;

(c) A party may not terminate for a condition caused by that party's own deliberate or negligent act or omission or an act or omission by a family member or other person on the premises when done with the consent of the party.

(4) If the rental agreement is terminated, the landlord shall return all prepaid and unearned rent and security recoverable by the tenant under Section 89-8-21.

(5)(a) If the material noncompliance by the tenant is the nonpayment of rent pursuant to the rental agreement, the landlord may deliver a notice in writing or by email or text message if the breaching party has agreed in writing to be notified by email or text message, specifying the rental agreement will terminate if payment of such rent is not made within three (3) days.

(b) Any judge presiding over a hearing in which a landlord seeks to evict a tenant for the nonpayment of rent shall abide by the provisions of the rental agreement that was signed by the landlord and the defaulting tenant.

(6) The parties' obligations regarding a tenant's personal property, including any manufactured home, shall be governed by Section 89-8-39.

§ 89-8-15

(1) If, within thirty (30) days after written notice to the landlord of a specific and material defect which constitutes a breach of the terms of the rental agreement or of the obligation of the landlord under Section 89-8-23, the landlord fails to repair such defect, the tenant:

(a) May repair the defect; and

(b) Except as otherwise provided in subsection (2) of this section, shall be entitled to reimbursement of the expenses of such repairs within forty-five (45) days after submission to the landlord of receipted bills for such work, provided that:

(i) The tenant has fulfilled the obligations required under Section 89-8-25;

(ii) The expenses incurred in making the repairs do not exceed an amount equal to one (1) month's rent;

(iii) The tenant has not exercised the remedy provided by this section in the six (6) months immediately preceding; and

(iv) The tenant is current in rental payments.

(2) A tenant shall not be entitled to be reimbursed for repairs made pursuant to this section in an amount greater than the usual and customary charge for such repairs.

(3) Before correcting a condition affecting facilities shared by more than one (1) dwelling unit, the tenant shall notify all other tenants sharing such facilities of the plans for the repairs and shall so arrange the work as to create the least practicable inconvenience to the other tenants.

(4) The cost of repairs made by a tenant pursuant to this section may be offset against future rent.

(5) No provision of this section shall be construed to grant a lien against the real property.

§ 89-8-17

(1) A rental agreement that fixes a definite term expires on the date stated in the rental agreement.

(2) Notwithstanding the provisions of Section 89-8-13, the landlord may, at any time after the expiration of a rental agreement, provide notice to the tenant in writing, or by email or text message, if the tenant has agreed to be notified by email or text message, specifying that the tenant is holding over after expiration of the rental agreement and that the landlord will commence eviction proceedings no earlier than three (3) days after such notice is provided. The landlord may also demand an increase in rent after the expiration of the rental agreement if such actions by the landlord did not have the dominant purpose of retaliation against the tenant for his actions authorized under this chapter and the landlord received written notice of each condition which was the subject of such actions of the tenant.

§ 89-8-19

(1) Unless the rental agreement fixes a definite term a tenancy shall be week to week in case of a tenant who pays weekly rent, and in all other cases month to month.

(2) The landlord or the tenant may terminate a week-to-week tenancy by written notice given to the other at least seven (7) days prior to the termination date.

(3) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty (30) days prior to the termination date.

(4) Notwithstanding the provisions of this section or any other provision of this chapter to the contrary, notice to terminate a tenancy shall not be required to be given when the landlord or tenant has committed a substantial violation of the rental agreement or this chapter that materially affects health or safety.

§ 89-8-21

(1) Any payment or deposit of money, the primary function of which is to secure the performance of a rental agreement or any part of such an agreement, other than a payment or deposit, including an advance payment of rent, made to secure the execution of a rental agreement shall be governed by the provisions of this section.

(2) Any such payment or deposit of money shall be held by the landlord for the tenant who is a party to such agreement. The claim of a tenant to such payment or deposit shall be governed by the provisions of this section. The claim of a tenant to such payment or deposit shall be prior to the claim of any creditor of the landlord.

(3) The landlord, by written notice delivered to the tenant, may claim of such payment or deposit only such amounts as are reasonably necessary to remedy the tenant's defaults in the payment of rent, to repair damages to the premises caused by the tenant, exclusive of ordinary wear and tear, to clean such premises upon termination of the tenancy, or for other reasonable and necessary expenses incurred as the result of the tenant's default, if the payment or deposit is made for any or all of those specific purposes. The written notice by which the landlord claims all or any portion of such payment or deposit shall itemize the amounts claimed by such landlord. Any remaining portion of such payment or deposit shall be returned to the tenant no later than forty-five (45) days after the termination of his tenancy, the delivery of possession and demand by the tenant.

(4) The retention by a landlord or transferee of a payment or deposit or any portion thereof, in violation of this section and with absence of good faith, may subject the landlord or his transferee to damages not to exceed Two Hundred Dollars ($200.00) in addition to any actual damages.

§ 89-8-23

(1) A landlord shall at all times during the tenancy:

(a) Comply with the requirements of applicable building and housing codes materially affecting health and safety;

(b) Maintain the dwelling unit, its plumbing, heating and/or cooling system, in substantially the same condition as at the inception of the lease, reasonable wear and tear excluded, unless the dwelling unit, its plumbing, heating and/or cooling system is damaged or impaired as a result of the deliberate or negligent actions of the tenant.

(2) No duty on the part of the landlord shall arise under this section in connection with a defect which is caused by the deliberate or negligent act of the tenant or persons on the premises with the tenant's permission.

(3) Subject to the provisions of Section 89-8-5, the landlord and tenant may agree in writing that the tenant perform some or all of the landlord's duties under this section, but only if the transaction is entered into in good faith.

(4) No duty on the part of the landlord shall arise under this section in connection with a defect which is caused by the tenant's affirmative act or failure to comply with his obligations under Section 89-8-25.

§ 89-8-25

A tenant shall:

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

(c) Keep all plumbing fixtures in the dwelling unit used by the tenant as clean as their condition permits;

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of their premises;

(g) Inform the landlord of any condition of which he has actual knowledge which may cause damage to the premises;

(h) To the extent of his legal obligation, maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency.

§ 89-8-27

Any county, municipality, regional housing authority or local housing authority in the state may make application to and contract with qualified tenant management organizations for the operation and management of housing projects of the authority as a means of reducing vacancies, reducing administrative costs and creating jobs from the establishment of maintenance teams. Such counties, municipalities, regional housing authorities or local housing authorities shall have the authority to sell public housing units to such tenant management organizations, provided that such sale is in compliance with any applicable federal laws and regulations and any applicable state laws and regulations.

§ 89-8-29

(1) This section shall be known and may be cited as the “Derrick Beard Act.”

(2) Any cosigner of a lease of a residential premises may terminate, and is presumed to have terminated, the lease before its expiration date upon the death of the lessee or, if there is more than one (1) lessee, upon the death of all lessees. The cosigner must provide notice to the lessor within thirty (30) days of the death of the lessee, or upon the death of all the lessees, if he or she chooses not to terminate the lease.

(3) The termination of a lease under this section shall not relieve the lessee's estate or lessee's cosigner from liability for:

(a) The payment of rent or other sums owed before the lessee's death or the death of all lessees;

(b) The payment of rent or other sums owed for the remainder of the month or other thirty-day period during which the death occurred; or

(c) The payment of amounts necessary to restore the premises to its condition at the commencement of the tenancy, ordinary wear and tear excepted.

(4) Any attempted waiver by a lessor and lessee or lessee's cosigner, by contract or otherwise, of the right of termination provided by this section shall be void and unenforceable.

(5) The provisions of this section shall apply to leases entered into or renewed from and after July 1, 2011.

§ 89-8-31

A landlord may commence proceedings to evict a tenant:

(a) For breach of the rental agreement or for violation of this chapter pursuant to Section 89-8-13; or

(b) For failing to vacate after the expiration of the rental agreement pursuant to Sections 89-8-17 and 89-8-19.

§ 89-8-33

To commence an eviction under Section 89-8-31, the landlord shall file:

(a) A sworn affidavit or complaint, based upon the terms of the rental agreement, that:

(i) States the facts requiring the removal of the tenant;

(ii) Identifies the address of the dwelling unit and, if applicable, the amount of rent and any additional fees owed; and

(b)(i) A copy of the written notice of breach delivered to the tenant pursuant to Section 89-8-13; or

(ii) A copy of the written notice to terminate the tenancy delivered to the tenant pursuant to Sections 89-8-17 and 89-8-19.

§ 89-8-35

(1) Upon the filing of the sworn affidavit or complaint, a summons shall be issued for service upon the person in possession of the identified premises or claiming possession thereof. The summons shall command such person to immediately vacate the premises or to show cause before the judge, on a day to be named in the summons, why possession of the premises should not be delivered to the applicant.

(2) In addition to the information required by subsection (1) of this section and the applicable Mississippi Rules of Court, the summons shall state:

“You are being sued for eviction. At the eviction hearing, the judge will determine if the landlord is entitled to possession of your rental unit.

“If the landlord is granted possession of the rental unit, then you will have at least seven (7) days from the date of the judgment to move out, unless a shorter or longer period of time for vacating the premises is ordered because of an emergency or other compelling circumstances.

“If the landlord seeks possession based on nonpayment of rent, you do not have to move out if you pay all the sums owed to the landlord either before the eviction hearing or, afterwards, by the court-ordered move-out date.

“If you move out by the date ordered by the court, leaving personal property behind, then the landlord may dispose of such abandoned property without further notice.

“If you do not move out by the date and time ordered by the court, the landlord can have you removed by law enforcement, after which you will have seventy-two (72) hours to remove your belongings.

“After seventy-two (72) hours, the landlord may remove any personal property remaining on the premises to the curb, an area designated for garbage or some other location agreed to by you and the landlord. You may still retrieve your personal property, but the landlord will have no obligation to preserve the personal property upon removal.”

(3) Service of summons shall be pursuant to applicable Mississippi Rules of Court.

§ 89-8-37

(1) In eviction actions, the court shall grant a default judgment to the landlord where:

(a) The landlord complies with Section 89-8-33;

(b) Issuance and service of summons is proper;

(c) The tenant fails to appear; and

(d) The landlord is otherwise entitled to a judgment under law.

(2) In eviction actions, the court shall grant judgment to the landlord where:

(a) The landlord complies with Section 89-8-33;

(b) The judge finds that the tenant failed to present a valid defense or counterclaim; and

(c) The landlord is otherwise entitled to a judgment under law.

(3) In eviction actions, judgments granted by the court shall be signed and executed on the same business day that the judgment is granted.

§ 89-8-39

(1) If a judgment of possession is granted to the landlord, either after a hearing or by default judgment, then the judge shall order the tenant to vacate the premises in seven (7) days from the date of the judgment, unless the court finds that a shorter or longer period of time is justified because of an emergency or other compelling circumstances. Circumstances that justify setting the move-out date less than seven (7) days from the date of the judgment, include, but are not limited to:

(a) The tenant has committed a substantial violation of the rental agreement or of this chapter that materially affects health or safety; or

(b) The tenant poses an immediate and significant risk of damage to the premises or of harm or injury to persons on the premises.

Prior to the court-ordered move-out date, the tenant shall have the same access to the premises as previously allowed under the terms of the rental agreement. If the tenant moves out by the date ordered by the court, leaving personal property behind, then the landlord may dispose of such abandoned property without further notice.

(2) After the court-ordered move-out date, the landlord may request a warrant for removal. Upon such request and the payment of applicable fees, the judge shall, except as otherwise prohibited under subsection (4) of this section, immediately issue a warrant to the sheriff or any constable of the county in which the premises, or some part thereof, are situated, immediately commanding the sheriff or constable to remove all persons from the premises, and to put the landlord into full possession thereof.

(3) After the warrant for removal has been executed, the landlord shall allow the tenant reasonable access to the premises for seventy-two (72) hours to enable the tenant to remove the tenant's personal property, including any manufactured home. If the tenant moves out within seventy-two (72) hours of the execution of the warrant of removal, leaving personal property behind, then the landlord may dispose of such abandoned property without further notice. After said seventy-two (72) hours, the landlord may remove any property remaining on the premises to the curb, an area designated for garbage or some other location agreed to by the tenant and the landlord.

(4)(a) In cases in which the possession judgment is based solely on the tenant's nonpayment of rent, the judge shall not issue a warrant for removal if:

(i) By the court-ordered move-out date, the tenant has paid in full all unpaid rent and other sums awarded to landlord in the judgment; or

(ii) After such date, the landlord has accepted payment of such amounts.

(b) A landlord has an obligation of good faith to accept full payment of all sums owed pursuant to the money judgment entered if so tendered on or before the court-ordered move-out date.

§ 89-8-41

(1) The court may, at the request of either party, adjourn a hearing under this chapter from time to time.

(2) A single adjournment shall not exceed ten (10) days, except by consent of both the landlord and tenant. When an adjournment is granted, the court may issue subpoenas and attachments to compel the attendance of witnesses.

(3) In hearings for the removal of the tenant from the premises under this chapter, no adjournment shall extend the entire hearing beyond thirty (30) days from the date the eviction action was filed.

§ 89-8-43

Appeals from final judgments under this chapter shall be pursuant to applicable Mississippi Rules of Court.

§ 89-8-45

When a rental agreement with a definite term expires and the tenant fails or refuses to vacate the premises after being notified by the landlord to do so, then the landlord may, if not contradicted by the rental agreement, charge the tenant double the rent for the time that the tenant continues in possession of the premises following the date to vacate the premises specified in the notification.

Chapter 9 Condominiums

§ 89-9-1

This chapter shall be known and may be cited as the “Mississippi Condominium Law.”

§ 89-9-3

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 insofar as they apply to condominiums.

§ 89-9-5

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 subject to ownership by different owners and there is appurtenant to each unit as part thereof an undivided share in the common areas.

(2) “Unit” means the elements of a condominium which are not owned in common with the owners of other condominiums in the project.

(3) “Project” means the entire parcel of real property divided, or to be divided into condominiums, including all structures thereon.

(4) “Common areas” means the entire project excepting all units therein granted or reserved.

(5) “To divide” real property means to divide the ownership thereof by conveying one or more condominiums therein but less than the whole thereof.

(6) “Real property” means and includes an estate in fee simple in the land or a leasehold therein or any other estate in land recognized by law together with the building or buildings, all improvements and structures thereon and all easements, rights, and appurtenances belonging thereto.

§ 89-9-7

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, or store. A condominium may include in addition a separate interest in other portions of such real property.

Such estate may, with respect to the duration of its enjoyment, be in fee simple, leasehold or any other estate in real property recognized by law.

§ 89-9-9

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 the land included within the project, (b) diagrammatic floor plans of the building or buildings built or to be built thereon in sufficient detail to identify each unit, its relative location and approximate dimensions, and (c) a certificate consenting to the recordation of such plan pursuant to this chapter signed and acknowledged by the record owner of such real property and all record holders of security interests therein. Such plan may be amended or revoked by a subsequently acknowledged recorded instrument executed by the record owner of such real property and by all record holders of security interests therein. Until such recordation of a revocation, the provisions of this chapter shall continue to apply to such real property. The term “record owner” as used in this section includes all of the record owners of such real property at the time of recordation, but does not include holders of security interests, mineral or royalty interests, easements or rights of way.

§ 89-9-11

Unless otherwise expressly stated therein, any transfer or conveyance of a unit or an apartment, office or store which is a part of the unit, shall be presumed to transfer or convey the entire condominium.

§ 89-9-13

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 unit includes both the portions of the building so described and the airspace so encompassed. The following are not part of the unit: bearing walls, columns, floors, roofs, foundations, elevator equipment and shafts, central heating, central refrigeration and central air-conditioning equipment, reservoirs, tanks, pumps and other central services, pipes, ducts, flues, chutes, conduits, wires and other utility installations, wherever located, except the outlets thereof when located within the unit. In interpreting deeds and plans the existing physical boundaries of the unit or of a unit reconstructed in substantial accordance with the original plans thereof shall be conclusively presumed to be its boundaries rather than the metes and bounds expressed in the deed or plan, regardless of settling or lateral movement of the building and regardless of minor variance between boundaries shown on the plan or in the deed and those of the building.

(2) The common areas are owned by the owners of the units as tenants in common, in equal shares, one for each unit.

(3) A nonexclusive easement for ingress, egress and support through the common areas is appurtenant to each unit, and the common areas are subject to such easement.

(4) Each condominium owner shall have the exclusive right to paint, repaint, tile, wax, paper, or otherwise refinish and decorate the inner surfaces of the walls, ceilings, floors, windows and doors bounding his own unit.

§ 89-9-15

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.

§ 89-9-17

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 condominiums in the project. Such servitudes, unless otherwise provided, may be enforced by any owner of a condominium in the project, and may provide, among other things:

(1) For the management of the project by one or more of the following management bodies: the condominium owners, a board of governors elected by the owners or a management agent elected by the owners or the board or named in the declaration; for voting majorities; quorums, notices, meeting dates and other rules governing such body or bodies; and for recordation from time to time, as provided for in the declaration, of certificates of identity of the persons then composing such management body or bodies, which certificates shall be conclusive evidence thereof in favor of any person relying thereon in good faith.

(2) As to any such management body:

(i) For the powers thereof, including power to enforce the provisions of the restrictions;

(ii) For maintenance by it of fire, casualty, liability, workmen's compensation and other insurance insuring condominium owners, and for bonding of the members of any management body;

(iii) For provision by it of payment by it for maintenance, utility, gardening and other services benefiting the common areas; for employment of personnel necessary for operation of the building, and for legal and accounting services;

(iv) For purchase by it of materials, supplies and the like and for maintenance and repair of the common areas;

(v) For payment by it of taxes and special assessments which would be lien upon the entire project or common areas, and for discharge by it of any lien or encumbrance levied against the entire project or common areas;

(vi) For payment by it for reconstruction of any portion or portions of the project damaged or destroyed;

(vii) For delegation by it of its powers;

(viii) For entry by it or its agents into any unit when necessary in connection with maintenance or construction for which such body is responsible;

(ix) For an irrevocable power of attorney to the management body to sell the entire project for the benefit of all of the owners thereof when partition of the project may be had under Section 89-9-35 which said power shall:

(a) Be binding upon all the owners, whether they assume the obligations of the constructions or not;

(b) If so provided in the declaration, be exercisable by less than all, but not less than a majority of the management body;

(c) Be exercisable only after recording of a certificate by those who have power to exercise it, that said power is properly exercisable hereunder, which certificate shall be conclusive evidence thereof in favor of any person relying thereon in good faith.

(3) For amendments of such restrictions, which amendments, if reasonable and made upon vote or consent of not less than a majority in interest of the owners of the project given after reasonable notice, shall be binding upon every owner and every condominium subject thereto whether the burdens thereon are increased or decreased thereby, and whether the owner of each and every condominium consents thereto or not.

(4) For independent audit of the accounts of any management body.

(5)(i) For reasonable assessments to meet authorized expenditures of any management body, and for a reasonable method for notice and levy thereof, each condominium to be assessed separately for its share of such expenses in proportion, unless otherwise provided, to its owner's fractional interest in any common area;

(ii) For the subordination of the liens securing such assessments to other liens either generally or specifically described.

(6) For the restrictions upon the severability of the component interests in real property which comprise a condominium.

(7) For such covenants and restrictions concerning the use, occupancy and transfer of the units as are permitted by law with reference to real property.

§ 89-9-19

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 purchase or lease any such unit which the owner thereof intends to sell or lease.

§ 89-9-21

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 as interest, costs, attorneys' fees, and penalties, as such may be provided for in the declaration of restrictions, shall be and become a lien upon the condominium assessed when the management body causes to be recorded in the office of the chancery clerk of the county in which such condominium is located a notice of assessment, which shall state the amount of such assessment and such other charges thereon as may be authorized by the declaration of restrictions, a description of the condominium against which the same has been assessed, and the name of the record owner thereof. Such notice shall be signed and verified by an authorized representative of the management body or as otherwise provided in the declaration of restrictions. Such lien shall be recorded in a condominium lien book alphabetically by name of the condominium unit owner, and such books need not be obtained until a condominium plat shall have been first recorded in said county. Upon payment of said assessment and charges in connection with which such notice has been so recorded, or other satisfaction thereof, the management body shall cause to be recorded a further notice stating the satisfaction and the release of the lien thereof.

Such lien shall be prior to all other liens recorded subsequent to the recordation of said notice of assessment except that the declaration of restrictions may provide for the subordination thereof to any other liens and encumbrances. Unless sooner satisfied and released, or the enforcement thereof initiated as hereafter provided, such lien shall expire and be of no further force or effect one year from the date of recordation of said notice of assessment; provided, however, that said one-year period may be extended by the management body for a time not to exceed one (1) additional year by recording a written extension thereof.

Such lien against any unit may be enforced by sale of same by the management body, its attorney or other person authorized to make the sale, after failure of the owner to pay such an assessment in accordance with its terms, such sale to be conducted in accordance with the provisions of Section 89-1-55, applicable to the exercise of powers of sale in mortgages and deeds of trust, or in any other manner permitted by law. Unless otherwise provided in the declaration of restrictions, the management body shall have power to bid in the condominium at foreclosure sale and to hold, lease, mortgage and convey the same. Suit to recover a money judgment for unpaid assessments may be maintained without waiving the lien securing the same.

§ 89-9-23

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 part thereof, or against any other property of any other condominium owner, unless such other owner has expressly consented to or requested the performance of such labor or furnishing of such materials or services. Such express consent shall be deemed to have been given by the owner of any condominium in the case of emergency repairs thereto. Labor performed or services or materials furnished for the common areas, if duly authorized by a management body provided for in a declaration of restrictions governing the property, shall be deemed to be performed or furnished with the express consent of each condominium owner. The owner of any condominium may remove his condominium from a lien against two (2) or more condominiums or any part thereof by payment to the holder of the lien of the fraction of the total sum secured by such lien which is attributable to his condominium.

§ 89-9-25

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 otherwise; and the beneficial interest in such personal property shall be owned by the condominium owners in the same proportion as their respective interests in the common areas, and shall not be transferrable except with a transfer of a condominium. A transfer of a condominium shall transfer to the transferee ownership of the transferor's beneficial interest in such personal property.

§ 89-9-27

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.

§ 89-9-29

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 governing body on or in connection with the use of common areas. A unit owner shall be liable for injuries or damages resulting from an accident in his own unit to the same extent and degree that the owner of a house, an office, or a store would be liable for an accident occurring therein.

§ 89-9-31

(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 be separately assessed for ad valorem taxes and special assessments as a single parcel. The taxes and special assessments levied against each unit and common areas shall constitute a lien only upon such unit and common areas so assessed and upon no other portion of the project.

(2) All provisions of a declaration relating to a unit or common areas sold for taxes or special assessments shall survive and be enforceable after the issuance of a tax deed or other deed upon foreclosure of an assessment, certificate, or lien, a tax deed, tax certificate, or tax lien to the same extent that they would be enforceable against a voluntary grantee, immediate, mediate, or remote, of the owner of the title immediately prior to the delivery of the tax deed or other deed.

(3) Any unit of a condominium project shall be eligible for exemption under the Homestead Exemption Act of 1946, Sections 27-33-1 to 27-33-65, Mississippi Code of 1972, if all other criteria of said sections are met.

§ 89-9-33

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 apartments, offices, or stores.

§ 89-9-35

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 condominiums in such project were tenants in common in the entire project in the same proportion as their interests in the common areas; provided, however, that a partition shall be made only upon the showing that: (1) three years after damage or destruction to the project which renders a material part thereof unfit for its use prior thereto, the project has not been rebuilt or repaired substantially to its state prior to its damage or destruction, or (2) that three-fourths ( 3/4 ) or more of the project has been destroyed or substantially damaged, and that condominium owners holding in aggregate more than a fifty percent (50%) interest in the common areas are opposed to repair or restoration of the project, or (3) that the project has been in existence in excess of fifty (50) years, that it is obsolete and uneconomic, and that condominium owners holding in aggregate more than a fifty percent (50%) interest in the common areas are opposed to repair or restoration of the project, or (4) that conditions for such a partition by sale set forth in the declaration of restrictions entered into with respect to such project, pursuant to the provisions of the Mississippi Condominium Law, have been met.

§ 89-9-37

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 may be necessary to protect the rights of parties, and any sale ordered in such cases shall be made and reported as in the case of the sale of land; and decrees making partition shall vest title according to their terms. In such cases the court or chancellor may make all orders, and cause to be issued all process necessary to secure the rights of parties.

Chapter 11 Escheats

§ 89-11-1

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 such property shall escheat to the state.

§ 89-11-3

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 therefor as hereinafter directed; and the assessor of taxes shall annually, on the completion of his assessment, report to the escheator a list of all property that may have escheated to the state within the preceding twelve (12) months, or previously if not already reported, or to which no heir is known; and the assessor shall also furnish the land commissioner with a copy of such report.

§ 89-11-5

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 of the name of the last owner, and that he died without heirs, the names of all persons who claim an interest in the property, if any be known, and also a description of the property and who, if any one, is in possession, and an averment that the same has escheated to the state for want of heirs.

§ 89-11-7

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, by publication as in other cases, to all parties, known or unknown, having or claiming an interest in the property, to appear and answer the bill; which notice shall contain a description of the property, and the name, residence, and place of death of the last owner, if known.

§ 89-11-9

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 recover costs unless it appear that he has some estate or interest in the property, even though the state fail in establishing an escheat.

§ 89-11-11

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 decree shall be rendered therein within less than twelve (12) months from the commencement of the suit. The successor of the escheator who filed the bill may appear and conduct the suit without revivor or alteration of the pleadings.

§ 89-11-13

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 an allowance in proper cases to a party for the care of the property. In case the party in possession refuse or fail to deliver possession to the escheator who is authorized to receive the same, such party shall be liable to double the value of the rent or hire for the time he may so withhold possession, to be determined by the court on petition of the escheator. Decrees rendered in matters of escheats shall be conclusive against all parties thereto and privies, but may be reviewed by the supreme court on appeal.

§ 89-11-15

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 register of escheated lands.

§ 89-11-17

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 owner out of the proceeds of the personal property before the same be paid over; but any petition by a creditor, alleging an indebtedness due to him by the late owner of real or personal property which may escheat, must be filed in the suit for the declaration of the escheat before final hearing thereof, accompanied with the claim probated as if administration had been granted, or the claim will be barred.

§ 89-11-19

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 pendency of the petition, and he may appear and contest the petition. And if the real estate be decreed subject to the payment of debts, the court will order the sale of a sufficiency thereof for that purpose, and require any balance of proceeds to be paid into the state treasury through the land office.

§ 89-11-21

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 purchaser being liable to the heir for rents and profits, which he may recoup, pro tanto, by the improvements put upon the land, if any, and all taxes paid thereon. In all such suits to recover the land of the state's purchaser, or his assigns, the land commissioner shall be made a party.

§ 89-11-23

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 property and paid into the state treasury, and three percent (3%) interest thereon, if the party shall establish his right to the property and that the same had not properly escheated to the state; but the title of the purchaser of such personal property shall not be thereby disturbed.

§ 89-11-25

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.

§ 89-11-27

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 adjudged to be escheated, a reasonable commission and attorneys' fees shall be allowed by the court to the escheator, which shall be taxed as costs and, together with all other costs allowed by the court, shall be paid out of the proceeds of the personal property, if the said proceeds be sufficient to pay the same. If the personal property of a deceased owner of escheated property be insufficient for the payment of his debts and the costs so allowed by the court, or if there be no personal property, the court shall decree the real estate subject to the payment of the costs so allowed, and shall order the sale of a sufficiency thereof for that purpose, and require any balance of proceeds to be paid into the state treasury through the land office.

§ 89-11-29

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 authorized under this chapter, the same to be conducted in the manner herein prescribed.

§ 89-11-31

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 judicial district in counties having more than one (1) such district, wherein the mineral estate is located. Provided, however, that no mineral interest shall be sold if it is still producing income. Notice and advertisement of such sale shall be published each week for three (3) consecutive weeks in a newspaper published in the county, if any, and if no newspaper be published in a county, then in a newspaper having general circulation in the county and in a newspaper having a general circulation within the state, the first such publication to appear at least fifteen (15) days prior to the date fixed in said notice for such sale. Each severed mineral interest shall be sold to the highest and best bidder, except that the owner of the surface estate in which the subject mineral estate was severed may, at such sale, match the highest and best bid and be allowed to purchase said severed mineral estate, upon showing proper proof of ownership of all or part of the surface estate. The sale shall be continued from day to day, except Sundays, between the hours of 8:30 a.m. and 4:30 p.m. until completed.

Chapter 12 Uniform Disposition of Unclaimed Property Act

§ 89-12-1

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

§ 89-12-3

As used in this chapter, unless the context otherwise requires:

(a) “Banking organization” means any national or state bank, trust company, savings bank, land bank, private banker, or any similar organization which is engaged in business in this state.

(b) “Business association” means any corporation, joint-stock company, business trust, partnership, or any association for business purposes of two (2) or more individuals, whether organized for profit or nonprofit, including, but not limited to, a banking organization, financial organization, life insurance corporation and utility.

(c) “Financial organization” means any federal or state savings and loan association, building and loan association, credit union, cooperative bank or investment company, farm credit system cooperative, or any similar organization which is engaged in business in this state.

(d) “Holder” means any person in possession of property subject to the provisions of this chapter belonging to another, or who is trustee in case of a trust, or is indebted to another on an obligation subject to the provisions of this chapter.

(e) “Insurance corporation” means any association or corporation transacting in this state the business of insurance involving in any manner a person or property; however, this term does not include self-insured workers' compensation groups or associations comprised of members who have joint and several liability for the workers' compensation obligation of the other members.

(f) “Intangible personal property” includes, but is not limited to:

(i) Monies, checks, drafts, deposits, interest, dividends, and income;

(ii) Credit balances, customer overpayments, gift certificates, security deposits, refunds, credit memos, unpaid wages, unused airline tickets, and unidentified remittances; except future and prior dividends made by the workers' compensation groups or associations described in paragraph (e);

(iii) Monies deposited to redeem stocks, bonds, coupons, and other securities, or to make distributions;

(iv) Amounts due and payable under the terms of insurance policies;

(v) Amounts distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance, or similar benefits;

(vi) Shares of corporate stock and other intangible ownership interests in business associations; and

(vii) Bonds, notes and other debt obligations.

(g) “Owner” means a depositor in case of a deposit, a beneficiary in case of a trust, a creditor, claimant or payee in case of other choses in action, or any person having a legal or equitable interest in property subject to the provisions of this chapter, or his legal representative.

(h) “Apparent owner” means the person who appears from the records of the holder to be entitled to property held by the holder.

(i) “Person” means any individual, business association, government or political subdivision or agency, corporation, public authority, estate, trust, two (2) or more persons having a joint or common interest, or any other legal or commercial entity whether such person is acting in his own right or in a representative capacity.

(j) “Treasurer” means the State Treasurer of the State of Mississippi.

(k) “Utility” means any person who owns or operates in this state for public use, any plant, equipment, property, franchise, or license for the transmission of communications or the production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam or gas.

(l) “Farm credit system cooperative association” means a farmer-owned cooperative system established under the authority of the Farm Credit Act of 1971, as amended, for the purpose of making credit available to farmers and ranchers and their cooperatives, for rural residences, and to associations and other entities upon which farming operations are dependent, to provide for an adequate and flexible flow of money into rural areas, and to modernize and consolidate existing farm credit law to meet current and future rural credit needs, and for other purposes, and which are chartered by and subject to the regulatory control of the Farm Credit Administration. For purposes of this chapter, the term includes:

(i) Farm credit banks;

(ii) The bank for cooperatives;

(iii) Agricultural credit banks;

(iv) Federal land bank associations;

(v) Federal land credit associations;

(vi) Production credit associations;

(vii) Agricultural credit associations;

(viii) The federal Farm Credit Banks Funding Corporation;

(ix) The Federal Agricultural Mortgage Corporation;

(x) Service corporations established pursuant to Section 12 USCS Section 2211; and

(xi) Such other institutions as may be made a part of the Farm Credit System.

§ 89-12-5

(1) Subject to the provisions of Sections 89-12-17 and 89-12-19, the following property held or owing by a banking or financial organization or by a business association shall be presumed abandoned:

(a) Any demand, savings, or matured time deposit made in this state with a banking organization or financial organization, together with any interest or dividend thereon, excluding any charges that may have accrued, unless the owner has, within five (5) years:

(i) Increased or decreased the amount of the deposit, or presented the passbook or other similar evidence of the deposit for the crediting of interest; or

(ii) Corresponded in writing with the banking organization or financial organization concerning the deposit; or

(iii) Otherwise indicated an interest in the deposit as evidenced by a memorandum on file with the banking organization or financial organization.

(b) Any sum payable on checks certified in this state or on written instruments issued in this state on which a banking or financial organization or business association is directly liable, including, but not limited to, certificates of deposit, drafts, money orders and traveler's checks, that, with the exception of traveler's checks and money orders, has been outstanding for more than five (5) years from the date it was payable, or from the date of its issuance if payable on demand, or, in the case of traveler's checks, that has been outstanding for more than fifteen (15) years from the date of its issuance, or, in the case of money orders, that has been outstanding for more than seven (7) years from the date of its issuance, unless the owner has within five (5) years, or within fifteen (15) years in the case of traveler's checks or within seven (7) years in the case of money orders, corresponded in writing with the banking or financial organization or business association concerning it, or otherwise indicated an interest as evidenced by a memorandum on file with the banking or financial organization or business association.

(2) Any certificate of deposit made in this state with a banking organization, together with an interest or dividend thereon, with a maturity date equal to or greater than ten (10) years shall be exempt from the time limit provisions of this chapter.

§ 89-12-7

(1) Subject to the provisions of Section 89-12-17, funds held or owing by a life insurance corporation under any life or endowment insurance policy or annuity contract which has matured or terminated shall be presumed abandoned if unclaimed and unpaid for more than five (5) years after the funds became due and payable as established from the records of the corporation.

(2) If a person other than the insured or annuitant is entitled to the funds and no address of such person is known to the corporation or if it is not definite and certain from the records of the corporation what person is entitled to the funds, it shall be presumed that the last known address of the person entitled to the funds is the same as the last known address of the insured or annuitant according to the records of the corporation. This presumption is a presumption affecting the burden of proof.

(3) A life insurance policy not matured by actual proof of the death of the insured according to the records of the corporation shall be deemed to be matured and the proceeds due and payable if:

(a) The insured has attained, or would have attained if he were living, the limiting age under the mortality table on which the reserve is based;

(b) The policy was in force at the time the insured attained, or would have attained, the limiting age specified in paragraph (a) of this subsection; and

(c) Neither the insured nor any other person appearing to have an interest in the policy has, within the preceding five (5) years, according to the records of the corporation:

(i) Assigned, readjusted, or paid premiums on the policy,

(ii) Subjected the policy to loan, or

(iii) Corresponded in writing with the life insurance corporation concerning the policy.

(4) Any funds otherwise payable according to the records of the corporation shall be deemed due and payable although the policy or contract has not been surrendered as required.

§ 89-12-9

Subject to the provisions of Section 89-12-17 of this chapter, the following funds held or owing by any utility shall be presumed abandoned:

(a) Any deposit made by a subscriber with a utility to secure payment for, or any sum paid in advance for, utility services to be furnished in this state, less any lawful deductions, that has remained unclaimed by the person appearing on the records of the utility entitled thereto for more than five (5) years after the termination of the services for which the deposit or advance payment was made.

(b) Any sum which a utility has been ordered to refund and which was received for utility services rendered in this state, together with any interest thereon, less any lawful deduction, that has remained unclaimed by the person appearing on the records of the utility entitled thereto for more than five (5) years after the date it became payable in accordance with the final determination or order providing for the refund.

§ 89-12-11

(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 available to the association, is presumed abandoned if a dividend, distribution or other sum payable as a result of the interest has remained unclaimed by the owner for five (5) years and during that time the owner has not:

(a) Communicated in writing with the association regarding the interest or a dividend, distribution or other sum payable as a result of the interest; or

(b) Otherwise communicated with the association regarding the interest or a dividend, distribution or other sum payable as a result of the interest, as evidenced by a memorandum or other record on file with the association prepared by an employee of the association.

(2) At the expiration of a five-year period following the failure of the owner to claim a dividend, distribution or other sum payable to the owner as a result of the interest, the interest is not presumed abandoned unless there have been at least five (5) dividends, distributions or other sums paid during the period, none of which has been claimed by the owner. If five (5) dividends, distributions or other sums are paid during the five-year period, the time period leading to a presumption of abandonment commences on the date that payment of the first unclaimed dividend, distribution or other sum became due and payable. If five (5) dividends, distributions or other sums are not paid during the presumptive period, the period continues to run until there have been five (5) dividends, distributions or other sums that have not been claimed by the owner.

(3) The running of the five-year period of abandonment ceases immediately upon the occurrence of a communication as described in subsection (1) of this section. If any future dividend, distribution or other sum payable to the owner as a result of the interest is subsequently not claimed by the owner, a new period of abandonment commences and relates back to the time a subsequent dividend, distribution or other sum became due and payable.

(4) At the time an interest is presumed abandoned under this section, any dividend, distribution or other sum then held for or owing to the owner as a result of the interest, and not previously abandoned, is presumed abandoned.

(5) This section does not apply to any stock or other intangible ownership of interest enrolled in a plan that provides for the automatic reinvestment of dividends, distributions or other sums payable as a result of the interest unless the records available to the State Treasurer show, with respect to any intangible ownership interest not enrolled in the reinvestment plan, that the owner has not within five (5) years communicated in any manner described in subsection (1) of this section.

(6) Notwithstanding anything in this section or any other section in this chapter to the contrary, the property presumed abandoned under this chapter shall not include capital credits or patronage refunds offered for payment by nonprofit cooperative electric power associations, nonprofit cooperative water and sewer associations, nonprofit agricultural cooperative marketing associations, or farm credit system cooperative associations, as defined in Section 89-12-3. Such unclaimed funds shall be used for the benefit of the general membership of such associations.

§ 89-12-13

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 distributable, increased or decreased the principal, accepted payment of principal or income, corresponded in writing concerning the property or otherwise indicated an interest as evidenced by a memorandum or other record on file with the fiduciary.

§ 89-12-14

(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, regardless of where the holder may be found, if the owner has not claimed or corresponded in writing concerning the property within five (5) years after the date prescribed for payment or delivery, is presumed abandoned and subject to the custody of this state as unclaimed property if:

(a) The last known address of the owner is unknown; and

(b) The person or entity originating or issuing the intangible property is this state or any political subdivision of this state, or is incorporated, organized, created or otherwise located in this state.

(2) The provisions of subsection (1) of this section shall not apply to property that is or may be presumed abandoned and subject to the custody of this state pursuant to any other provision of law containing a dormancy period different than that prescribed in subsection (1) of this section.

(3) The provisions of subsection (1) of this section shall apply to all property held on July 1, 1991, or at any time thereafter, regardless of when such property became or becomes presumptively abandoned.

(4) Insofar and only insofar as funds reflected by the cancellation of State of Mississippi warrants are unclaimed and presumed abandoned, the State Treasurer shall transfer such funds out of the Abandoned Property Fund established by Section 89-12-37 to the original fund source after the expiration of five (5) years as required herein.

§ 89-12-15

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 owner for more than five (5) years after it became payable or distributable shall be presumed abandoned.

§ 89-12-16

(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 presumed abandoned in this state if the last known address of the owner of the property is in this state and the property has remained unclaimed for five (5) years.

(2) This section shall apply to all abandoned property held by the federal government, or any federal agency, or any officer, or any appointee thereof, on July 1, 1991, or at any time thereafter, regardless of when such property became presumptively abandoned.

§ 89-12-17

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 of the apparent owner is in this state as shown on the records of the holder; or

(b) No address of the apparent owner appears on the records of the holder, and

(i) The last-known address of the apparent owner is in this state, or

(ii) The holder is domiciled in this state and has not previously paid the property to the state of the last-known address of the apparent owner, or

(iii) The holder is a government or governmental subdivision or agency of this state and has not previously paid the property to the state of the last-known address of the apparent owner; or

(c) The last-known address of the apparent owner, as shown on the records of the holder, is in a state designated by regulation adopted by the treasurer as a state that does not provide by law for presumption of abandonment or escheat of such property and the holder is

(i) Domiciled in this state, or

(ii) A government or governmental subdivision or agency of this state; or

(d) The last-known address of the apparent owner, as shown on the records of the holder, is in a foreign nation and the holder is

(i) Domiciled in this state, or

(ii) A government or governmental subdivision or agency of this state.

§ 89-12-19

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 of abandonment stated in Section 89-12-5 exist and if:

(a) The books and records of such business association show that such money order, traveler's check, or similar written instrument was purchased in this state;

(b) The business association has its principal place of business in this state, and the books and records of the business association do not show the state in which such money order, traveler's check, or similar written instrument was purchased; or

(c) The business association has its principal place of business in this state, the books and records of the business association show the state in which such money order, traveler's check, or similar written instrument was purchased, and the laws of the state of purchase do not provide for presumption of abandonment or escheat of the sum payable on such instrument.

§ 89-12-21

(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 89-12-17 because no address of the apparent owner of the property appeared on the records of the holder when the property was presumed abandoned under the provisions of this chapter, the last-known address of the apparent owner was, in fact, in such other state, and, under the laws of that state, the property was presumed abandoned in or escheated to that state;

(b) The last-known address of the apparent owner of the property appearing on the records of the holder is in such other state and, under the laws of that state, the property was presumed abandoned in or escheated to that state;

(c) The property is the sum payable on a traveler's check, money order, or other similar instrument that was presumed abandoned in this state under the provisions of Section 89-12-19, the traveler's check, money order or other similar instrument was, in fact, purchased in such other state, and, under the laws of that state, the property was presumed abandoned in or escheated to that state; or

(d) The property is funds held or owing by a life insurance corporation that was presumed abandoned in this state by application of the presumption provided by subsection (2) of Section 89-12-7, the last-known address of the person entitled to the funds was, in fact, in such other state, and, under the laws of that state, the property was presumed abandoned in or escheated to that state.

(2) The claim of another state under this section to recover property shall be presented in writing to the treasurer, who shall consider the claim within ninety (90) days after it is presented. He may hold a hearing and receive evidence on such claim. He shall allow the claim if he determines that the other state is entitled to the property.

(3) Paragraphs (a) and (b) of subsection (1) shall not apply to property described in paragraph (c) or (d) of that subsection.

§ 89-12-23

(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 approved by the Treasurer, and shall include:

(a) Except with respect to traveler's checks and money orders, the name, if known, and last known address, if any, of each person appearing from the records of the holder to be the owner of any property of the value of more than One Hundred Dollars ($100.00) presumed abandoned under the provisions of this chapter;

(b) In case of unclaimed funds of life insurance corporations, the full name of the insured or annuitant and his last known address according to the life insurance corporation's records;

(c) The nature and identifying number, if any, or description of the property and the amount appearing from the records to be due, except that items of value under One Hundred Dollars ($100.00) each may be reported in aggregate;

(d) Except for any property reported in the aggregate, the date when the property became payable, demandable, or returnable, and the date of the last transaction with the owner with respect to the property; and

(e) Other information which the Treasurer prescribes by regulation as necessary for the administration of this chapter.

(3) If the person holding property presumed abandoned under the provisions of this chapter is a successor to other persons who previously held the property for the owner, or if the holder has changed his name while holding the property, he shall file with his report all prior-known names and addresses of each holder of the property.

(4) The report shall be filed annually through 1984, and reports shall be filed every third year thereafter. The report shall be filed before November 1 of each year in which a report is required as of June 30 next preceding. The Treasurer may postpone the reporting date upon written request by any person required to file a report.

(5) If the holder of property presumed abandoned under the provisions of this chapter knows the whereabouts of the owner and if the owner's claim has not been barred by the statute of limitations, the holder shall, before filing the required report, endeavor to communicate with the owner and take reasonable steps to prevent abandonment from being presumed. The mailing of notice to the last-known address of the owner by the holder shall constitute compliance with this subsection and no further act on the part of the holder shall be necessary.

(6) Verification, if made by a partnership, shall be executed by a partner; if made by an unincorporated association or private corporation, by an officer; and if made by a public corporation, by its chief fiscal officer.

(7) Every person who is requested in writing by the Treasurer shall file a report stating that such person is not holding any abandoned property which is reportable pursuant to the provisions of this section.

(8) The initial report filed under this chapter shall include all items of property that would have been presumed abandoned if this chapter had been in effect since July 1, 1969, and all such property shall be subject to the provisions of this chapter.

§ 89-12-25

(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) months after the date of payment or delivery of the property by the holder to the Treasurer as required by Section 89-12-29.

(2) The Treasurer shall approve all contracts entered into between two (2) or more persons whereby one (1) party to the contract agrees to furnish the other party with information concerning property reported to the Treasurer under this chapter. The agreed upon fee in such contracts shall not exceed ten percent (10%) of the value of the recoverable property or Fifty Dollars ($50.00), whichever is greater. Nothing in this section shall be construed to prevent an owner from asserting at any time that an agreement to locate property is based upon an excessive or unjust consideration.

§ 89-12-27

(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 be named in the notice. If no address is listed or if the address is outside this state, the notice shall be published in the county in which the holder of the abandoned property has his or her principal place of business in this state.

(2) The published notice shall be entitled “Notice of names of persons appearing to be owners of abandoned property,” and shall contain:

(a) The names in alphabetical order and last-known addresses, if any, of persons listed in the report and entitled to notice in the county as specified in subsection (1) of this section;

(b) A statement that information concerning the amount or description of the property and the name and address of the holder may be obtained by any persons possessing an interest in the property by addressing an inquiry to the Treasurer; and

(c) A statement that any person claiming an interest in the property must file a proof of claim with the Treasurer as set forth in Section 89-12-39.

(3) The Treasurer shall not be required to publish in the notice any item of less than One Hundred Dollars ($100.00) unless he deems publication to be in the public interest.

(4) Within one hundred twenty (120) days from the receipt of the report required by Section 89-12-23, the Treasurer shall mail a notice to each person having an address listed therein who appears to be entitled to property valued at One Hundred Dollars ($100.00) or more and presumed abandoned under the provisions of this chapter.

(5) The mailed notice shall contain:

(a) A statement that property is being held to which the addressee appears entitled;

(b) A statement that any person claiming an interest in the property must file a proof of claim with the Treasurer as set forth in Section 89-12-39.

(6) This section shall not be applicable to sums payable on traveler's checks or money orders presumed abandoned under the provisions of Section 89-12-5.

§ 89-12-29

(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 abandoned property to the satisfaction of the holder before the property has been delivered, or it appears that for some other reason the presumption of abandonment is erroneous, the holder need not pay or deliver the property to the Treasurer, and the property is no longer presumed abandoned.

(3) The holder of an interest under Section 89-12-11 shall deliver a duplicate certificate or other evidence of ownership, if the holder does not issue certificates of ownership, to the Treasurer. Upon delivery of a duplicate certificate to the Treasurer, the holder and any transfer agent, registrar or other person acting for or on behalf of a holder in executing or delivering the duplicate certificate, is relieved of all liability of every kind in accordance with the provisions of Section 89-12-31 to every person, including any person acquiring the original certificate of the duplicate of the certificate issued to the Treasurer, for any losses or damages resulting to any person by the issuance and delivery to the Treasurer of the duplicate certificate.

§ 89-12-30

(1) Securities listed on an established stock exchange must be sold at prices prevailing at the time of sale on the exchange. Other securities may be sold over the counter at prices prevailing at the time of sale or by any other method the Treasurer considers advisable.

(2) Unless the Treasurer considers it to be in the best interests of the state to do otherwise, all securities presumed abandoned under Section 89-12-11 and delivered to the Treasurer must be held for at least three (3) years before they may be sold. If the Treasurer sells any securities delivered pursuant to Section 89-12-11 before the expiration of the three-year period, any person making a claim pursuant to this chapter before the end of that time period is entitled to either the proceeds of the sale of the securities or the market value of the securities at the time the claim is made, whichever amount is greater. A person making a claim under this chapter after the expiration of the time period is entitled to receive either the securities delivered to the Treasurer by the holder, if they still remain in the hands of the Treasurer, or the proceeds received from sale, but no person has any claim under this chapter against the state, the holder, any transfer agent, registrar or other person acting for or on behalf of a holder for any appreciation in the value of the property occurring after delivery by the holder to the Treasurer.

(3) The purchaser of property at any sale conducted by the Treasurer pursuant to this chapter takes the property free of all claims of the owner or previous holder thereof and of all persons claiming through or under them. The Treasurer shall execute all documents necessary to complete the transfer of ownership.

§ 89-12-31

(1) Upon the payment or delivery of property to the Treasurer, the state assumes custody and responsibility for the safekeeping of the property. A person who pays or delivers property to the Treasurer in good faith is relieved of all liability for any claim then existing or which may arise or be made in respect to the property.

(2) If the holder pays or delivers property to the Treasurer in good faith and thereafter another person claims the property from the holder or another state claims the money or property under its laws relating to escheat or abandoned or unclaimed property, the Treasurer, upon written notice of claim, shall defend the holder against any liability on the claim.

(3) The holder of an interest under Section 89-12-11 shall deliver a duplicate certificate or other evidence of ownership if the holder does not issue certificate of ownership to the administrator.

(4) Any holder who has paid moneys to the Treasurer pursuant to the provisions of this chapter may make payment to any person appearing to such holder to be entitled thereto and, upon proof of such payment and proof that the payee was entitled thereto, the Treasurer shall forthwith reimburse the holder for the payment.

§ 89-12-33

When property other than money is paid or delivered to the Treasurer under this chapter, the owner is entitled to receive from the Treasurer any dividends, interest or other increments realized or accruing on the property at or before liquidation or conversion into money.

§ 89-12-35

The expiration of any period of time specified by statute or court order, during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or recovery of property, shall not prevent the money or property from being presumed abandoned property, nor affect any duty to file a report required by the provisions of this chapter, or to pay or deliver abandoned property to the treasurer.

§ 89-12-37

(1) All funds received under the provisions of this chapter shall forthwith be deposited by the Treasurer in a special fund hereby established in the State Treasury to be designated the “Abandoned Property Fund,” except that the Treasurer shall deposit in a separate special fund hereby established in the State Treasury to be designated the “Abandoned Property Claims Payment Fund” an amount not exceeding One Hundred Fifty Thousand Dollars ($150,000.00) from which he shall make prompt payment of claims duly allowed by him as hereinafter provided. Before making the deposits in either special fund, he shall record the name and last known address of each person appearing from the holders' reports to be entitled to the abandoned property and the name and last known address of each insured person or annuitant and, with respect to each policy or contract listed in the report of a life insurance corporation, its number, the name of the corporation and the amount due. The record shall be available for public inspection at all reasonable business hours.

(2) There is created within the Abandoned Property Fund in the State Treasury a trust to be known as the Historic Properties Financing Fund, which shall be used as provided in this section. On July 1, 1999, Ten Million Dollars ($10,000,000.00) in the Abandoned Property Fund shall be set aside and placed in the Historic Properties Financing Fund created herein. The principal of the Historic Properties Financing Fund shall remain inviolate within the Abandoned Property Fund, and shall be invested in the same manner as the remainder of the Abandoned Property Fund. The interest and income earned from the investment of the principal of the Historic Properties Financing Fund shall be transferred quarterly to the Mississippi Landmark Grant Program account within the Historic Properties Trust Fund created under Section 39-5-23. The transferred money shall be utilized by the Department of Archives and History for the purposes as specified in Section 39-5-23(3).

(3) Notwithstanding subsections (1) and (2) of this section, the funds reflected by the cancellation of State of Mississippi warrants that constitute part of the Abandoned Property Fund shall be transferred by the State Treasurer back to the original fund source if unclaimed by the owner within the time specified in Section 7-7-42.

§ 89-12-39

(1) Any person claiming an interest in any property delivered to the state under the provisions of this chapter may file a claim on the form prescribed by the Treasurer.

(2) The Treasurer shall consider any claim filed under the provisions of subsection (1) of this section, and may hold a hearing and receive evidence concerning it. If a hearing is held, the Treasurer shall prepare a finding and a decision in writing on each claim filed, stating the substance of any evidence heard by the Treasurer and the reasons for the Treasurer's decision. The decision shall be a public record.

(3) If the validity of a claim shall be determined in favor of the claimant, the Treasurer shall collaborate with the Department of Human Services to determine if the claimant owes a child support arrearage. If the claimant owes an arrearage, the Treasurer shall transfer to the Department of Human Services any portion of the claim, including any interest as described in subsection (4) of this section, necessary to satisfy, fully or partially, the person's child support arrearage.

(4) If the validity of a claim shall be determined in favor of the claimant and the claimant does not owe a child support arrearage or there is a remaining amount of the claim after satisfaction of the arrearage under subsection (3) of this section, the Treasurer shall pay over to the claimant only that amount which the Treasurer actually received, without deduction for costs of notices or for service charges, together with interest at the rate of one-twelfth of one percent ( 1/12 of 1%) per month from the time when it was received by the Treasurer to the time when it was paid by him or her to the claimant. However, if the property claimed was interest bearing to the owner on the date of surrender by the holder, then the Treasurer shall instead add interest at a rate not to exceed five-twelfths of one percent ( 5/12 of 1%) per month or the lesser current market rate. The interest on interest-bearing property shall begin to accumulate on the date that the property is delivered to the Treasurer and shall cease on the earlier of the expiration of fifteen (15) years following delivery or the date on which payment is made to the owner. No interest on the interest-bearing property shall be payable for any period prior to July 1, 1982. Any holder who pays to the owner property which has been delivered to the state and which, if claimed from the Treasurer, would be subject to the provisions of this section as interest-bearing property, shall add interest as provided in this section. The added interest shall be repaid to the holder by the Treasurer in the same manner as the principal.

§ 89-12-41

Any person aggrieved by a decision of the treasurer or as to whose claim the treasurer has failed to act within ninety (90) days after the filing of the claim, may commence an action in the circuit court of the first judicial district of Hinds County, Mississippi, to establish his claim. The proceeding shall be brought within thirty (30) days after the decision of the treasurer or within sixty (60) days from the filing of the claim if the treasurer fails to act.

§ 89-12-43

The treasurer, after receiving reports of property deemed abandoned pursuant to the provisions of this chapter, may decline to receive any property reported which he deems to have a value less than the cost of giving notice, or he may, if he deems it desirable because of the small sum involved, postpone taking possession until a sufficient sum accumulates. Unless the holder of the property is notified to the contrary within thirty (30) days after filing the report required under Section 89-12-23, the treasurer shall be deemed to have elected to receive the custody of the property.

§ 89-12-45

(1) The Treasurer may at reasonable times and upon reasonable notice examine the records of any person to determine if such person has complied with the provisions of this chapter. The Treasurer may designate the Commissioner of Banking and Consumer Finance or other appropriate regulatory authority to examine the records of institutions of regulated industries to determine if such institutions have complied with the provisions of this chapter.

(2) If, in connection with such examination, property which should have been reported pursuant to the provisions of this chapter is discovered, the holder shall pay a per diem rate equal to actual costs per examination as the cost of conducting the examination.

(3) If any person refuses to permit the examination provided in this section or to deliver property to the Treasurer as required under the provisions of this chapter, the Treasurer shall bring an action in a court of appropriate jurisdiction to compel such examination or to enforce such delivery.

§ 89-12-47

(1) Any person who willfully fails to render any report or perform other duties required under the provisions of this chapter shall, upon conviction thereof, be punished by a fine of Five Dollars ($5.00) for each day the report is withheld, but not more than One Hundred Dollars ($100.00).

(2) Any person who willfully refuses to pay or deliver abandoned property to the Treasurer as required under the provisions of this chapter shall, upon conviction thereof, be punished by a fine of not less than Five Dollars ($5.00) nor more than One Hundred Dollars ($100.00), or imprisonment for not more than six (6) months, or both, in the discretion of the court.

(3) In addition to any damages, penalties, or fines for which a person may be liable under any other provision of law, any person who fails to report, pay or deliver abandoned property within the time prescribed by the provisions of this chapter shall pay to the Treasurer interest at the rate of one percent (1%) per month on the property or the value thereof from the date the property should have been paid or delivered, but in no event prior to July 1, 1982; except that if the failure to report, pay or deliver is the result of mistake or other good cause shown, the Treasurer may reduce the rate of interest or waive the interest payable thereon.

§ 89-12-49

The treasurer is hereby authorized to adopt necessary rules and regulations to carry out the provisions of this chapter.

§ 89-12-53

The provisions of this chapter shall not apply to any person who is the owner of any type of property described herein where such person is either a minor or mentally incompetent, nor to any person who is the owner of any type of property described herein which is subject to the provisions of Section 43-13-120.

§ 89-12-55

This chapter shall be so construed as to effectuate its general purpose to make uniform the laws of those states which enact it.

§ 89-12-57

This chapter shall not be construed as repealing the provisions of section 21-39-21, but shall be additional and supplemental to those provisions.

§ 89-12-59

(1) Notwithstanding the provisions of any other section of law, United States savings bonds which are unclaimed property and subject to the provisions of this chapter shall escheat to the State of Mississippi three (3) years after becoming unclaimed property by virtue of the provisions of this chapter, and all property rights and legal title to and ownership of such United States savings bonds or proceeds from such bonds, including all rights, powers and privileges of survivorship of any owner, co-owner or beneficiary, shall vest solely in the State of Mississippi according to the procedure set forth in subsections (2) through (5) of this section.

(2) Within one hundred eighty (180) days after the three (3) years prescribed in subsection (1) of this section, if no claim has been filed in accordance with the provisions of this chapter for such United States savings bonds, the State Treasurer shall commence a civil action in the Circuit Court of the First Judicial District of Hinds County for a determination that such United States savings bonds shall escheat to the State of Mississippi. The State Treasurer may postpone the bringing of such action until sufficient United States savings bonds have accumulated in the State Treasurer custody to justify the expense of such proceedings.

(3) If no person shall file a claim or appear at the hearing to substantiate a claim or where the court determines that a claimant is not entitled to the property claimed by such claimant, then the court, if satisfied by evidence that the State Treasurer has substantially complied with the laws of the State of Mississippi, shall enter a judgment that the subject United States savings bonds have escheated to the State of Mississippi, and all property rights and legal title to and ownership of such United States savings bonds or proceeds from such bonds, including all rights, powers and privileges of survivorship of any owner, co-owner or beneficiary, shall vest solely in the State of Mississippi.

(4) The State Treasurer shall redeem such United States savings bonds escheated to the State of Mississippi and the proceeds from such redemption of United States savings bonds shall be deposited in the State General Fund. The State Treasurer shall not deposit the proceeds from the redemption of the United States savings bonds in the Abandoned Property Fund or the Abandoned Property Claims Payment Fund in accordance with the provisions of Section 89-12-37.

(5) Any person making a claim for the United States savings bonds escheated to the State of Mississippi under this subsection, or for the proceeds from such bonds, may file a claim in accordance with the provisions of this chapter. Upon providing sufficient proof of the validity of such person's claim, the State Treasurer may pay such claim in accordance with the provisions of this chapter.

Chapter 13 Party Fences

§ 89-13-1

Persons owning adjoining land or lots, or being lessees thereof for more than two (2) years, shall be bound to contribute equally to the erection of fences on the line dividing the land or lots, if the land or lots on their respective sides be used by the owner or lessee thereof for purposes of cultivation, or for horticultural purposes, or for the purpose of pasturing cattle, horses, hogs or sheep, or if a lot be used as an inclosure for any other purpose; and each party shall be bound to contribute equally toward keeping the party fences in good repair so long as the land or lot be so used. An owner shall not be bound to contribute to the erection of a party fence, either built or to be built, or to keeping the same in repair, who may prefer to build a fence and to leave a lane on his land between himself and the adjoining owner. But the failure to erect such fence for the space of sixty (60) days shall be deemed an abandonment of the intention to do so, and a determination to adopt the fence built, and the person so failing shall then be bound to pay his proportion of the value of the party fence.

§ 89-13-3

If any person, being requested to do so, will not contribute his proper share of the work and furnish the requisite materials suitable for a party fence, or pay the value of his share, the person desiring to build the fence may erect or construct the whole of it, of a proper and suitable kind, being a lawful fence, and may thereafter apply, in writing, to a justice of the peace, who shall appoint three (3) impartial freeholders of the neighborhood to view the fence and determine what amount should be paid by the person who has failed to contribute.

§ 89-13-5

The opposite party shall have five (5) days' notice of the time of the meeting of the freeholders, which may be served as a summons is required to be, and each party may introduce evidence of the value of the fence; and the freeholders, or a majority of them, may assess the amount to be paid by the one party to the other, and shall give to the party entitled to the compensation a certificate stating the amount they assess in his favor.

§ 89-13-7

The party may maintain an action for the amount assessed by the freeholders; and the order of the justice appointing the freeholders, and the certificate of the freeholders, and proof of notice to the opposite party of the time of the meeting, shall be prima facie evidence to support the action. The amount recovered shall be a lien upon the land or lot of the defendant.

§ 89-13-9

The freeholders each shall receive one dollar and fifty cents ($1.50) per day whilst discharging their duty, to be paid by the party at whose instance they were appointed, who may recover the amount as costs, and the justice shall be entitled to fees as in other cases.

§ 89-13-11

In case any party fence has been already built, and the adjoining land be used by the owner thereof for any of the purposes set forth in Section 89-17-1, the party who built the same shall in like manner be entitled to compensation, to the extent that ought to be contributed by the owner of the adjoining land, and in case of refusal to pay the same, the amount may be assessed and a recovery had in the same manner as for erecting a new fence.

§ 89-13-13

Each proprietor of land or lots separated by a party fence, shall be bound to contribute his due proportion of labor and materials for keeping the fence in good repair, so far as to make it a lawful fence; and contributions for that purpose may be enforced as above provided.

§ 89-13-15

A party fence will be owned jointly by the respective proprietors, either of whom may require the other to contribute to repairing it, but it shall not be taken away, razed, removed, or left down by either party without the consent of the other; and if either party violate this provision, he shall be liable to the action of the other, and be subject to such penalties as a stranger would be. However, a party shall not be bound to contribute towards keeping a party fence in repair, after he shall have ceased to use the land which is divided by it.

§ 89-13-17

When, from natural obstacles, it shall be impracticable to erect the entire fence on the dividing line, and it be necessary to make a departure on either side, such departure may be made, but the fence shall, notwithstanding, be a party fence.

§ 89-13-19

In case a joint-owner of a party fence shall desire to have a lane on his land, between his own and the adjoining land, he shall be at liberty to remove his part of the fence, on giving six (6) months' notice to the other joint-owner, and not otherwise; but any proprietor who may remove from his land, and cease to use it for any of the purposes before mentioned, shall thereby abandon his right to the party fence.

§ 89-13-21

In case of the sale of the premises to another person, the purchaser shall have the same right and incur the same liabilities as the original owner, in regard to the party fence. A lessee for a longer time than two (2) years shall stand in the attitude of a purchaser during his term; but if the lease be for two (2) years, or a shorter time, the owner shall be bound to contribute towards the erection and repair of the party fence, if either the owner or the tenant use the land; and in such case, the notice served on the tenant, if the owner be absent, will be sufficient.

§ 89-13-23

The person who built the party fence may remove it at pleasure, if the owner of the adjoining land will not pay his proportion thereof; and although the proprietor of any land may desire to retain any fence built by him on a line which divides his land from that of another person, as a private fence, yet that other person may adopt the same as a party fence by paying his proportion of the value thereof; and if the value cannot be agreed upon by the parties, the person desiring to adopt the fence may apply to a justice of the peace to appoint freeholders to assess the proportion that should be paid, as in other cases.

Chapter 15 Party Walls

§ 89-15-1

Any agreement for erecting walls which parties may make who own adjoining lots and desire to build party walls, shall be binding, whether in writing or not; and in case of the failure of either party to comply with his contract, the other may have an action for damages.

§ 89-15-3

If the owner of any lot shall build a substantial and durable brick or stone wall on the line which divides his lot from another, and the owner or lessee of that other lot should desire to erect an adjoining building and connect the same with the building already erected, so as to make the wall of the former building serve as the wall of his own, he may do so by paying to the owner of the first wall half the value thereof, or half the value of so much of the former wall as he may use as a wall to his own house; but he shall not be at liberty to use the former wall in any way which may prove dangerous or detrimental to the owner, except he may close lights therein.

§ 89-15-5

A person shall not be at liberty to join or use a wall as a party-wall without first paying to the owner thereof one-half ( 1/2 ) the value of so much as may be used; and if the parties cannot agree as to the value, either may apply to the mayor, police justice of the city, town or village, or to any justice of the peace of the county, in writing, for the appointment of suitable persons to assess the amount to be paid; and such mayor or police justice or justice of the peace shall thereupon appoint three (3) mechanics skilled in the description of work, who, or a majority of whom, shall examine the wall, and assess the amount to be paid to the owner thereof, and give a certificate of such examination and assessment to the party at whose instance they were appointed. The opposite party shall have five (5) days' notice of the time of the meeting of the appraisers, and their names, which notice may be served as a summons is required by law to be served. On payment or tender of the amount assessed, the party desiring to use the wall may proceed to do so.

§ 89-15-7

If either party present to such mayor or police justice or justice of the peace, within ten (10) days after filing of assessment, exceptions to any of the appraisers, and the mayor or police justice or justice of the peace be of the opinion that the exception is well founded, a new appraiser or appraisers may be appointed, and either party shall be at liberty to introduce evidence before the appraisers as to the value of the wall.

§ 89-15-9

The officer so appointing the appraisers shall make and preserve a record of all proceedings as in other cases before him, which shall contain the report of the appraisers, which shall be final, unless appealed from within ten (10) days, as in cases appealed from justice of the peace courts. But either party desiring may appeal, as in other cases before justices of the peace, to the circuit court of the county or district, where the whole matters of difference between the parties shall be heard anew, with or without written pleadings, in a summary way, before a jury and the court, as in other cases appealed from justices of the peace, and the findings of the circuit court in the case shall be final. On the proper certificate from the proper officer of the court finally disposing of the case, either party interested may have the final record recorded in the record of deeds of the county or district thereof.

§ 89-15-11

Any party wall which has been paid for, and is used as such, shall not be removed by either party without the consent of the other; nor shall it be so damaged or altered as to render it less valuable to either. And if either party violate this provision he shall be liable to the other as a trespasser for all damages that may be sustained.

Chapter 17 Salvage

§ 89-17-1

Any saw logs, sawn or hewn timber, lumber, boat, building, or other floatable thing of value that may have become derelict in any of the waters or watercourses of the state or in the beds thereof and which have been relinquished, deserted or left by the owner thereof with the intention of abandoning same shall become the property of the owner of the bed of the stream, or the part thereof, where such property may be found and such owner may raise, float or salve said property or authorize the raising, floating or salving of such property.

§ 89-17-3

Any person claiming to be the owner of such property may institute an action in replevin for the recovery of such property. Any bond given in such suit to obtain possession of said property shall be liable for any depreciation in value of the property between the date of the giving of the bond and final termination of the suit. If no bond be given by either party within seventy-two (72) hours after the seizure of the property under the writ, the sheriff on the written demand of either party shall sell the same for cash at public outcry after posting a notice of the time and place of sale at three (3) or more public places in the county. The proceeds of sale shall be paid into the registry of the court to await the final outcome of the suit. The defendant in such suit, in the event he or any person acting for him or with his consent has raised, floated or salvaged the property whose title or possession is in issue, shall be entitled to a lien on such property for the reasonable expense of raising, floating, or salvaging such property.

§ 89-17-5

In any suit brought by one claiming to be the owner of such property, proof that such property has been relinquished, deserted or left for a period of three (3) years thereafter without effort to salve such property shall be prima facie evidence of the intention to abandon.

§ 89-17-7

The following sections, and not the foregoing, shall apply to the waters of the Mississippi Sound or of the Gulf of Mexico within the jurisdiction and control of the State of Mississippi; provided that if the foregoing sections should be held unconstitutional, then the following sections shall apply to the entire state.

§ 89-17-9

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 have become derelict, in any of the waters of this state or in the beds or on the shores thereof, or for compensation for the preservation thereof, such finder, salvor, or person raising or floating such property, shall file a petition for compensation in the circuit court of the county in which such property shall be found, raised or floated, or salved. In the petition he shall set forth a full and particular description of the property found, raised or floated, or salved, containing all names, letters or other marks of identification appearing thereon, and in the petition he shall also set forth the facts constituting his claim for compensation, and the amount claimed by him for such service, and shall also state the name of the owner of the property, if known to the petitioner, and his place of residence and post-office address. Said owner shall be made a party defendant thereto, and if the owner be unknown, all persons having or claiming any interest in the property shall be made parties defendant, and the petition shall be sworn to. Immediately upon the filing of such petition, the petitioner shall deliver to the sheriff of the county the property described in the petition to be dealt with as hereinafter provided in Section 89-17-17.

§ 89-17-11

Upon filing such petition the clerk shall issue a summons to the defendant named as required by the Mississippi Rules of Civil Procedure. In case the owners of the property are unknown, then a notice shall be published as provided for by the Mississippi Rules of Civil Procedure.

§ 89-17-13

In suits against persons named in the petition, as defendants thereto, where such defendant is a nonresident of the state, or cannot be served with process, then notice shall be given to such defendant as is provided for in the Mississippi Rules of Civil Procedure.

§ 89-17-15

At the return of the process, in case the defendant shall contest the petitioner's right to compensation or salvage, or the amount thereof, the petition shall stand for a complaint and the defendant shall plead to it as if it were an ordinary action at law and the matter shall be tried as provided for in the Mississippi Rules of Civil Procedure.

§ 89-17-17

Immediately upon the delivery to the sheriff of the property described in the petition as provided in Section 89-17-9, the sheriff shall at once advertise the property for sale in the same manner as provided by law for the advertisement and sale of personal property under execution, and on the day fixed shall sell the property for cash to the highest bidder, and shall hold the proceeds to abide the result of the suit or proceeding. But the defendant to the petition, or any person interposing a claim thereto, in cases against unknown owners, can at any time before the day of sale, execute a bond with two (2) or more sureties in double the value of the property, such valuation to be fixed by the sheriff conditioned to satisfy such judgment as the petitioner shall recover in the case, and upon the execution of such bond, to be approved by the sheriff, the property shall be delivered to the defendant or claimant.

§ 89-17-19

In case the defendant shall not appear at the return term of the writ, or in cases against unknown owners, where no person or party interposes a claim, the court shall award the petitioner a judgment for the amount as appears to the court that petitioner is entitled to, and condemn the funds in the hands of the sheriff, or render judgment against the defendant or his bond as the case may be, for the satisfaction of the judgment so rendered and costs. In case there shall be a surplus remaining in the hands of the sheriff after satisfying the judgment and costs, it shall be paid to the clerk of the court, to be held by him subject to the claim of the owners of the property so sold, and shall be paid out to such owner, upon the order of the court, after satisfactory evidence is adduced, establishing in the judgment of the court such ownership. In all cases where the petitioner establishes his claim, and is awarded a judgment for the amount stated in the petition, the court shall allow the petitioner a reasonable attorney's fee for preparing the petition, which shall be taxed as part of the costs of the case.

§ 89-17-21

Justice courts shall have jurisdiction of all cases provided for in this chapter, where the value of the property described in the petition does not exceed the amount provided in Section 9-11-9, and in all cases where the defendant is a nonresident, or is not served with process, the provisions of the section of the code in relation to attachments before justice court judges shall apply, and notice shall be given to the defendant, and the case tried as provided in that section of the code. When the case shall be one against unknown owners, the justice court judge shall fix the trial for a date not earlier than one (1) month from the beginning of the suit, and notices shall be posted for three (3) consecutive weeks in the county of the justice court judge, addressed to all persons having or claiming any interest in the property described in the petition, and describing the property in such notices, requiring them to appear before the justice court judge on the date fixed for trial to contest the claim of the petitioner, which notices shall be posted in the public places in the county likely to be seen, which shall be in lieu of a publication thereof in a newspaper.

§ 89-17-23

On the return of the summons before a justice of the peace, or on the day fixed for trial, in cases against nonresidents or parties not served with process, or in cases against unknown owners, the justice shall hear the cause. Any person making claim to the property described in the petition shall be admitted to defend as provided in Section 89-17-15 for cases in the circuit court, and the same mode of procedure shall be followed in the trial as is provided for the trial of civil actions before justices of the peace, under the general laws of the state, and judgment shall be rendered as hereinbefore provided in cases before the circuit court.

§ 89-17-25

If any person shall convert to his own use, sell or otherwise dispose of any saw log, sawn or hewn timber, lumber, boat, or other water craft, or other floatable thing of value not belonging to him, which may have come into his possession while floating as derelict, in any of the waters of the State of Mississippi, or which may theretofore have been sunken and raised or floated from such sunken condition by him or others, or which he or others may have found cast upon the shores of the Gulf of Mexico, or Mississippi Sound, in the State of Mississippi, or any bay, inlet, or bayou, emptying into same, or upon the shore of any other watercourse in the State of Mississippi, he shall be guilty of a misdemeanor, and on conviction shall be punished by a fine of not less than double the value of the property converted, sold or disposed of, or by imprisonment in the county jail for a term not exceeding six (6) months.

§ 89-17-27

If any person shall purchase, or otherwise acquire, except at a sale as provided in this chapter, or by order of a court of competent jurisdiction, from any person other than the owner thereof, any property of the character or description, and in the condition enumerated in the foregoing section, such person shall be guilty of a misdemeanor, and on conviction shall be punished by a fine not exceeding double the value of the property so purchased, or acquired, or by imprisonment in the county jail for a term not exceeding six (6) months.

Chapter 19 Mississippi Conservation Easements

§ 89-19-1

This chapter shall be known as the “Mississippi Conservation Easement Act of 1986.”

§ 89-19-3

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 purposes of which include retaining or protecting natural, scenic, historical or open-space values of real property, assuring its availability for agricultural, forest, recreational, educational or open-space use, protecting natural features and resources, maintaining or enhancing air and water quality or preserving the natural, historical, architectural, archaeological or cultural aspects of real property.

(2) “Holder” shall mean either:

(a) A governmental body empowered by the law of this state or the United States to hold an interest in real property; or

(b) A private, nonprofit, charitable or educational corporation, association or trust, the purposes or powers of which include retaining or protecting the natural, scenic, historical or open-space values of real property, assuring the availability of real property for agricultural, forest, recreational, educational or open-space use, protecting natural features and resources, maintaining or enhancing air or water quality or preserving the natural, historical, architectural, archaeological or cultural aspects of real property which is the recipient or grantee of a conservation easement.

(3) “Third-party right of enforcement” shall mean a right granted in a conservation easement to a governmental body or private, nonprofit charitable corporation, association or trust, which is not a holder but which is eligible to be a holder, to enforce any of the terms of the conservation easement.

(4) “Person” shall mean any natural person or legal entity.

§ 89-19-5

(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 enforcement arises under a conservation easement before its acceptance by the holder and a recordation of the acceptance.

(3) Except as provided in subsection (2) of Section 89-19-7 of this chapter, a conservation easement is unlimited in its duration unless the instrument creating it otherwise provides.

(4) An interest in real property in existence at the time a conservation easement is created is not impaired by the conservation easement unless the owner of the interest is a party to the conservation easement or consents to it.

(5) A conservation easement shall continue to be effective and shall not be extinguished if the easement holder is or becomes the owner in fee of the subject property.

§ 89-19-7

(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;

(e) The Mississippi Department of Wildlife, Fisheries and Parks; or

(f) A person otherwise authorized and empowered by law.

(2) This chapter does not, and shall not be construed to, affect the power of a court to modify or terminate a conservation easement in accordance with the principles of law and equity. In such proceeding, the holder of the conservation easement shall be compensated for the value of the easement.

§ 89-19-9

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 negative burden;

(e) It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;

(f) The benefit does not touch or concern real property; or

(g) There is no privity of estate or contract.

§ 89-19-11

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 General Fund, shall be expended for capital improvements on any real property upon which a conservation easement has been granted unless the conservation easement is perpetual, a governmental body is the holder of the easement and the capital improvements are solely for the use and benefit of such holder.

§ 89-19-13

(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.

(2) This chapter shall apply to any interest created prior to March 27, 1986 if the interest would have been enforceable had it been created after March 27, 1986 unless retroactive application would contravene the Constitution or laws of this state or the United States.

(3) This chapter shall not invalidate any interest, whether designated as a conservation or preservation easement or as a covenant, equitable servitude, restriction, easement or otherwise, that is enforceable under any other law of this state.

(4) The provisions of this chapter are cumulative and supplemental to any other provision of law.

§ 89-19-15

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 and the Mississippi Department of Wildlife, Fisheries and Parks. The requirement that certified copies be mailed to the Attorney General and the Mississippi Department of Wildlife, Fisheries and Parks shall be stated in any instrument which conveys a conservation easement after April 18, 1988. The holder of any conservation easement created prior to the date hereof wishing to qualify such easement for the benefits provided under this chapter shall provide to the Attorney General and the Mississippi Department of Wildlife, Fisheries and Parks, within one (1) year after April 18, 1988, a certified copy of the instrument creating such easement, indicating the date and place of the recordation.

Chapter 22 Mississippi Uniform Disclaimer of Property Interests Act (2002/2010)

§ 89-22-1

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

§ 89-22-3

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” means the refusal to accept an interest in or power over property.

(4) “Fiduciary” means a personal representative, trustee, agent acting under a power of attorney, or other person authorized to act as a fiduciary with respect to the property of another person.

(5) “Jointly held property” means property held in the name of two (2) or more persons under an arrangement in which all holders have concurrent interests and under which the last-surviving holder is entitled to the whole of the property. Jointly held property does not include property held as tenants by the entirety.

(6) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.

(7) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band or an Alaskan native village that is recognized by federal law or formally acknowledged by a state.

(8) “Trust” means:

(A) An express trust, charitable or noncharitable, with additions thereto, whenever and however created; and

(B) A trust created under a statute, judgment, or decree that requires the trust to be administered in the manner of an express trust.

§ 89-22-5

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

§ 89-22-7

(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.

§ 89-22-9

(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 on the right to disclaim.

(b) Except to the extent a fiduciary's right to disclaim is expressly restricted or limited by another statute of this state or by the instrument creating the fiduciary relationship, a fiduciary may disclaim, in whole or part, any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity. A fiduciary may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim, or an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.

(c) To the extent there is no material conflict of interest, a parent, as defined in Section 93-15-103(h), can disclaim on behalf of the parent's minor or incapacitated child, if a conservator or guardian has not been appointed for the child.

(d) To be effective, a disclaimer must be in a writing or other record, declare the disclaimer, describe the interest or power disclaimed, be signed by the person making the disclaimer, and be delivered or filed in the manner provided in Section 89-22-25. In this subsection “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(e) A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate in the property.

(f) A disclaimer becomes irrevocable when it is delivered or filed under Section 89-22-25 or when it becomes effective as provided in Sections 89-22-11 through 89-22-23 of this chapter, whichever occurs later.

(g) A disclaimer made under this chapter is not a transfer, assignment, or release.

(h) A person obligated to distribute an interest disclaimed under this chapter is not liable to any person for distributing the interest as if the interest were not disclaimed unless the person obligated to distribute the interest receives a copy of the disclaimer before distributing the interest.

§ 89-22-11

(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.

(b) Except for a disclaimer governed by Section 89-22-13, 89-22-15 or 89-22-17, the following rules apply to a disclaimer of an interest in property:

(1) The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable, or, if the interest arose under the law of intestate succession, as of the time of the intestate's death.

(2) The disclaimed interest passes according to any provision in the instrument creating the interest providing for the disposition of the interest, should it be disclaimed, or of disclaimed interests in general.

(3) If the instrument does not contain a provision described in paragraph (2), the following rules apply:

(A) If the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist.

(B) If the disclaimant is an individual, except as otherwise provided in subparagraphs (C) and (D), the disclaimed interest passes as if the disclaimant had died immediately before the time of distribution.

(C) If by law or under the instrument, the descendants of the disclaimant would share in the disclaimed interest by any method of representation had the disclaimant died before the time of distribution, the disclaimed interest passes only to the descendants of the disclaimant who survive the time of distribution.

(D) If the disclaimed interest would pass to the disclaimant's estate had the disclaimant died before the time of distribution, the disclaimed interest instead passes by representation to the descendants of the disclaimant who survive the time of distribution. If no descendant of the disclaimant survives the time of distribution, the disclaimed interest passes to those persons, including the state but excluding the disclaimant, and in such shares as would succeed to the transferor's intestate estate under the intestate succession law of the transferor's domicile had the transferor died at the time of distribution. However, if the transferor's surviving spouse is living but is remarried at the time of distribution, the transferor is deemed to have died unmarried at the time of distribution.

(4) Upon the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died or ceased to exist immediately before the time of distribution, but a future interest held by the disclaimant is not accelerated in possession or enjoyment.

§ 89-22-13

(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 takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates.

(c) If a disclaimer is made under subsection (a) of this section with only one (1) holder surviving the death of the holder to whose death the disclaimer relates, the incremental portion disclaimed shall, as a consequence of the disclaimer, pass as part of the estate of the deceased holder.

(d) If a disclaimer is made under subsection (a) of this section with two (2) or more of the holders surviving the death of the holder to whose death the disclaimer relates:

(1) The disclaimer does not sever the joint tenancy with respect to the jointly held property as among the surviving holders;

(2) The incremental portion disclaimed, as a consequence of a disclaimer, devolves to the surviving holders in proportion to their respective interests in the jointly held property excluding the disclaimant and any other surviving holder who disclaims to the extent of his, her or its disclaimer of the incremental portion;

(3) An incremental portion devolving to a surviving holder, as a consequence of one or more disclaimers, may be disclaimed by the surviving holder;

(4) To the extent that all of the surviving holders disclaim an incremental portion devolving to them, the portion shall instead pass as part of the estate of the deceased holder; and

(5) The proportion of each of the surviving holders with respect to the jointly held property shall be adjusted to take into account the devolution of the incremental portion to the extent that the portion is disclaimed.

§ 89-22-15

(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 property held as a tenancy by the entirety shall be deemed to be an undivided one-half ( 1/2 ) interest.

(b) A disclaimer under subsection (a) takes effect as of the death of the deceased tenant to whose death the disclaimer relates.

(c) The survivorship interest in property held as a tenancy by the entirety disclaimed by the surviving tenant passes as if the disclaimant had predeceased the tenant to whose death the disclaimer relates.

§ 89-22-17

(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 trust became irrevocable; and

(3) The disclaimed interest is not subject to the claims of any creditor of the trustee, the trust, or any trust beneficiary.

(b) If the instrument creating the disclaimed interest contains a provision that provides for the disposition of the interest if the interest were to be disclaimed, the disclaimed interest passes according to that provision.

(c) If the instrument creating the disclaimed interest does not contain a provision described by subsection (b), the disclaimed interest passes as if:

(1) All of the current beneficiaries, presumptive remainder beneficiaries, and contingent beneficiaries of the trust affected by the disclaimer who are individuals who died before the trust became irrevocable; and

(2) All beneficiaries of the trust affected by the disclaimer who are not individuals ceased to exist without successor organizations and without substitution of beneficiaries under the cy pres doctrine before the trust became irrevocable.

(d) Subsection (c) applies only for purposes of determining the disposition of an interest in property disclaimed by a trustee that otherwise would have become trust property and applies only with respect to the trust affected by the disclaimer. Subsection (c) does not apply with respect to other trusts governed by the instrument and does not apply for other purposes under the instrument or under the laws of intestacy.

§ 89-22-19

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 holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power.

(3) The instrument creating the power is construed as if the power expired when the disclaimer became effective.

§ 89-22-21

(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 exercise of a power of appointment takes effect as of the time the instrument creating the power becomes irrevocable.

§ 89-22-23

(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 exercised, the disclaimer takes effect immediately after the last exercise of the power.

(c) A disclaimer under this section is effective as to another fiduciary if the disclaimer so provides and the fiduciary disclaiming has the authority to bind the estate, trust, or other person for whom the fiduciary is acting.

§ 89-22-25

(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 pension, profit-sharing, retirement, or other employment-related benefit plan; or

(5) Any other nonprobate transfer at death.

(b) Subject to subsections (c) through (l), delivery of a disclaimer may be effected by personal delivery, first-class mail, or any other method likely to result in its receipt.

(c) In the case of an interest created under the law of intestate succession or an interest created by will, other than an interest in a testamentary trust:

(1) A disclaimer must be delivered to the personal representative of the decedent's estate; or

(2) If no personal representative is then serving, it must be filed with a court having jurisdiction to appoint the personal representative.

(d) In the case of an interest in a testamentary trust:

(1) A disclaimer must be delivered to the trustee then serving, or if no trustee is then serving, to the personal representative of the decedent's estate; or

(2) If no personal representative is then serving, it must be filed with a court having jurisdiction to enforce the trust.

(e) In the case of an interest in an inter vivos trust:

(1) A disclaimer must be delivered to the trustee then serving;

(2) If no trustee is then serving, it must be filed with a court having jurisdiction to enforce the trust; or

(3) If the disclaimer is made before the time the instrument creating the trust becomes irrevocable, it must be delivered to the settlor of a revocable trust or the transferor of the interest.

(f) In the case of an interest created by a beneficiary designation which is disclaimed before the designation becomes irrevocable, the disclaimer must be delivered to the person making the beneficiary designation or to such person's legal representative.

(g) In the case of an interest created by a beneficiary designation which is disclaimed after the designation becomes irrevocable, the disclaimer must be delivered to the person obligated to distribute the interest.

(h) In the case of a disclaimer by a surviving holder of jointly held property or property held as tenants by the entirety, the disclaimer must be delivered to the person to whom the disclaimed interest passes.

(i) In the case of a disclaimer by an object or taker in default of exercise of a power of appointment at any time after the power was created:

(1) The disclaimer must be delivered to the holder of the power or to the fiduciary acting under the instrument that created the power; or

(2) If no fiduciary is then serving, it must be filed with a court having authority to appoint the fiduciary.

(j) In the case of a disclaimer by an appointee of a nonfiduciary power of appointment:

(1) The disclaimer must be delivered to the holder, the personal representative of the holder's estate or to the fiduciary under the instrument that created the power; or

(2) If no fiduciary is then serving, it must be filed with a court having authority to appoint the fiduciary.

(k) In the case of a disclaimer by a fiduciary of a power over a trust or estate, the disclaimer must be delivered as provided in subsection (c), (d) or (e), as if the power disclaimed were an interest in property.

(l) In the case of a disclaimer of a power by an agent, the disclaimer must be delivered to the principal or the principal's representative.

§ 89-22-27

(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 disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or

(3) A judicial sale of the interest sought to be disclaimed occurs.

(c) A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.

(d) A disclaimer, in whole or part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.

(e) A disclaimer is barred or limited if so provided by law other than this chapter.

(f) A disclaimer of a power over property which is barred by this section is ineffective. A disclaimer of an interest in property which is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this chapter had the disclaimer not been barred.

§ 89-22-29

(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 the regulations promulgated thereunder, as never having been transferred to the disclaimant, then the disclaimer or transfer is effective as a disclaimer under this chapter.

(b) In order for a disclaimer made under the provisions of this chapter to be effective as a tax-qualified disclaimer under the provisions of Title 26 of the United States Code, the disclaimer must satisfy the conditions of Title 26, Section 2518 of the United States Code, as now or hereafter amended, including the requirement that the disclaimer be made generally within nine (9) months from the day the interest being disclaimed was created.

§ 89-22-31

(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 office of the chancery clerk of the county or counties where the real property is located.

(b) An effective disclaimer meeting the requirements of subsection (a) constitutes constructive notice to all persons from and after the time of filing.

(c) Failure to file, record, or register the disclaimer does not affect its validity as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer.

§ 89-22-33

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.

§ 89-22-35

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.

§ 89-22-37

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 provisions of this chapter are severable.

Chapter 23 Mississippi Uniform Environmental Covenants Act

§ 89-23-1

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

§ 89-23-3

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 approves the environmental response project pursuant to which the environmental covenant is created.

(2A) “Commission” means the Mississippi Commission on Environmental Quality.

(3) “Common interest community” means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community.

(4) “Environmental covenant” means a servitude arising under an environmental response project that imposes activity and use limitations.

(5) “Environmental response project” means a plan or work performed for environmental remediation of real property and conducted:

(A) Under a federal or state program governing environmental remediation of real property, including:

(i) Subchapter III or IX of the federal Resource Conservation and Recovery Act of 1976, 42 USC Sections 6921 through 6939e and 6991 through 6991i;

(ii) Section 7002 or 7003 of the federal Resource Conservation and Recovery Act of 1976, 42 USC Sections 6972 and 6973;

(iii) The federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 USC Sections 9601 through 9647, as amended;

(iv) The Mississippi Air and Water Pollution Control Law, Section 49-17-1 et seq.;

(v) The Mississippi Solid Wastes Disposal Law of 1974, Section 17-17-1 et seq.;

(vi) The Mississippi Underground Storage Tank Act of 1988, Section 49-17-401 et seq.;

(vii) Such other laws or regulations as the commission shall enumerate.

(B) Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or

(C) Under a state voluntary clean-up program authorized in the Mississippi Brownfields Voluntary Cleanup and Redevelopment Act, Section 49-35-1 et seq.

(6) “Holder” means the grantee of an environmental covenant as specified in Section 89-23-5(a).

(7) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(8) “Record,” used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(9) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(10) “Servitude” means a covenant, profit, easement in gross, or easement appurtenant.

§ 89-23-5

(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 of an agency under this chapter or under an environmental covenant is not an interest in real property. Nothing in this chapter authorizes the commission to act as a holder.

(c) An agency is bound by any obligation it assumes in an environmental covenant, but an agency does not assume obligations merely by signing or approving an environmental covenant. Any other person that signs an environmental covenant is bound by the obligations the person assumes in the covenant, but signing the covenant does not change obligations, rights, or protections granted or imposed under law other than this chapter except as provided in the covenant.

(d) The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended:

(1) An interest that has priority under other law is not affected by an environmental covenant unless the person that owns the interest subordinates that interest to the covenant.

(2) This chapter does not require a person that owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant.

(3) A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing board of the owners' association.

(4) An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person's interest but does not by itself impose any affirmative obligation on the person with respect to the environmental covenant.

§ 89-23-7

(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 property;

(4) Identify every holder;

(5) Be signed by the agency, every holder, and unless waived by the agency, every owner of the fee simple of the real property subject to the covenant;

(6) Be signed by the commission, unless the commission waives participation; and

(7) Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.

(b) In addition to the information required by subsection (a), an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including any:

(1) Requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination on, the property subject to the covenant;

(2) Requirements for periodic reporting describing compliance with the covenant;

(3) Rights of access to the property granted in connection with implementation or enforcement of the covenant;

(4) A brief narrative description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination;

(5) Limitation on amendment or termination of the covenant in addition to those contained in Sections 89-23-17 and 89-23-19; and

(6) Rights of the holder in addition to its right to enforce the covenant pursuant to Section 89-23-21.

(c) In addition to other conditions for its approval of an environmental covenant, the agency or the commission may require those persons specified by the agency or commission who have interests in the real property to sign the covenant.

(d) If the commission refuses to sign an environmental covenant, it shall set forth its reasons for refusing to sign in an order and such order may be appealed as provided in Section 49-17-41.

§ 89-23-9

(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 other than the original holder;

(3) It is not of a character that has been recognized traditionally at common law;

(4) It imposes a negative burden;

(5) It imposes an affirmative obligation on a person having an interest in the real property or on the holder;

(6) The benefit or burden does not touch or concern real property;

(7) There is no privity of estate or contract;

(8) The holder dies, ceases to exist, resigns, or is replaced; or

(9) The owner of an interest subject to the environmental covenant and the holder are the same person.

(c) An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was recorded before July 1, 2008, is not invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection (b) or because it was identified as an easement, servitude, deed restriction, or other interest. This chapter does not apply in any other respect to such an instrument.

(d) This chapter does not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under the law of this state.

§ 89-23-11

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 restrict uses of real property which are authorized by zoning or by law other than this chapter.

§ 89-23-13

(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 the real property subject to the covenant;

(4) Each municipality or other unit of local government in which real property subject to the covenant is located; and

(5) Any other person the agency requires.

(b) The validity of a covenant is not affected by failure to provide a copy of the covenant as required under this section.

(c) Failure by any person to provide a copy of the covenant in the manner required by the agency shall be punishable by a civil penalty to be determined by the Commission on Environmental Quality consistent with the terms and provisions of Section 49-17-43.

§ 89-23-15

(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 provided in Section 89-23-17(b), an environmental covenant is subject to the laws of this state governing recording and priority of interests in real property including, but not limited to, the requirement of providing indexing instructions and preparer data, as set forth in Section 89-5-33(3); and, the requirement to provide an acknowledgment as set forth in Section 89-3-1.

§ 89-23-17

(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 the environmental covenant;

(4) Terminated or modified in an eminent domain proceeding, but only if:

(A) The commission and the agency that signed the covenant are parties to the proceeding;

(B) All persons identified in Section 89-23-19(a) and (b) are given notice of the pendency of the proceeding; and

(C) The court determines, after hearing, that the termination or modification will not adversely affect human health or the environment; or

(5) Terminated or modified by the commission pursuant to the following:

(A) If the agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, the commission, by an order in which all persons identified in Section 89-23-19(a) and (b) have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant.

(B) The commission's order shall be subject to review as provided in Section 49-17-41. Failure by the commission to make a determination within one hundred twenty (120) days of a request to terminate the covenant or reduce its burden on the real property subject to the covenant shall be deemed a decision that the environmental covenant should not be terminated or modified and parties listed in Section 89-23-21 may request a hearing before the commission in accordance with Section 49-17-41.

(b) Except as otherwise provided in subsection (a), an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or a similar doctrine.

§ 89-23-19

(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 waives its participation;

(4) Each person that originally signed the covenant, unless the person waived in a signed record the right to consent or a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and

(5) Except as otherwise provided in subsection (d)(2), the holder.

(b) If an interest in real property is subject to an environmental covenant, the interest is not affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments.

(c) Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder is an amendment.

(d) Except as otherwise provided in an environmental covenant:

(1) A holder may not assign its interest without consent of the other parties;

(2) A holder may be removed and replaced by agreement of the other parties specified in subsection (a); and

(e) A court of competent jurisdiction may fill a vacancy in the position of holder.

§ 89-23-21

(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 interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; or

(6) A municipality or other unit of local government in which the real property subject to the covenant is located.

(b) This chapter does not limit the regulatory authority of the agency or the Mississippi Commission on Environmental Quality under law other than this chapter with respect to an environmental response project.

(c) A person is not responsible for or subject to liability for environmental remediation solely because it has the right to enforce an environmental covenant.

§ 89-23-23

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.

§ 89-23-25

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 the notices described in Section 103 of that act (15 USCS Section 7003(b)).

§ 89-23-27

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 provisions of this chapter are severable.

Chapter 25 Mississippi Uniform Statutory Rule Against Perpetuities

§ 89-25-1

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

§ 89-25-3

(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 its creation.

(2) A general power of appointment not presently exercisable because of a condition precedent is invalid unless:

(a) When the power is created, the condition precedent is certain to be satisfied or becomes impossible to satisfy no later than twenty-one (21) years after the death of an individual then alive; or

(b) The condition precedent either is satisfied or becomes impossible to satisfy within ninety (90) years after its creation.

(3) A nongeneral power of appointment or a general testamentary power of appointment is invalid unless:

(a) When the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than twenty-one (21) years after the death of an individual then alive; or

(b) The power is irrevocably exercised or otherwise terminates within ninety (90) years after its creation.

(4) In determining whether a nonvested property interest or a power of appointment is valid under subsection (1)(a), (2)(a), or (3)(a) of this section, the possibility that a child will be born to an individual after the individual's death is disregarded.

(5) If, in measuring a period from the creation of a trust or other property arrangement, language in a governing instrument seeks to disallow the vesting or termination of any interest or trust beyond, seeks to postpone the vesting or termination of any interest or trust until, or seeks to operate in effect in any similar fashion upon, the later of:

(a) The expiration of a period of time not exceeding twenty-one (21) years after the death of the survivor of specified lives in being at the creation of the trust or other property arrangement; or

(b) The expiration of a period of time that exceeds or might exceed twenty-one (21) years after the death of the survivor of lives in being at the creation of the trust or other property arrangement; that language is inoperative to the extent that it produces a period of time that exceeds twenty-one (21) years after the death of the survivor of the specified lives.

§ 89-25-5

(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 a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of:

(a) A nonvested property interest; or

(b) A property interest subject to a power of appointment described in Section 89-25-3(2) or (3), the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.

(3) For purposes of this chapter, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.

(4) For purposes of this chapter, if a nongeneral or testamentary power of appointment is exercised to create another nongeneral or testamentary power of appointment, every nonvested property interest or power of appointment created through the exercise of the other nongeneral or testamentary power of appointment is considered to have been created at the time of the creation of the first nongeneral or testamentary power of appointment.

§ 89-25-7

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 sixty (360) years allowed in Section 89-25-9(h), if:

(a) A nonvested property interest or a power of appointment becomes invalid under Section 89-25-3;

(b) A class gift is not invalid, but might become invalid under Section 89-25-3, and the time has arrived when the share of any class member is to take effect in possession or enjoyment;

(c) A nonvested property interest that is not validated by Section 89-25-3(1)(a) can vest but not within ninety (90) years after its creation; or

(d) In the case of a trust which otherwise meets the requirements of Section 89-25-9(h), all beneficial interests in the trust can vest or the trust can terminate but not within three hundred sixty (360) years.

§ 89-25-9

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 divorce settlement;

(iii) A spouse's election;

(iv) A similar arrangement arising out of a prospective, existing, or previous marital relationship between the parties;

(v) A contract to make or not to revoke a will or trust;

(vi) A contract to exercise or not to exercise a power of appointment;

(vii) A transfer in satisfaction of a duty of support; or

(viii) A reciprocal transfer;

(b) A fiduciary's power relating to the administration or management of assets, including the power of a fiduciary to sell, lease, or mortgage property, and the power of a fiduciary to determine principal and income;

(c) A power to appoint a fiduciary;

(d) A discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal;

(e) A nonvested property interest held by a charity, government, or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government, or governmental agency or subdivision;

(f) A nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, profit-sharing, stock bonus, health, disability, death benefit, income deferral, or other current or deferred benefit plan for one or more employees, independent contractors, or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income, or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse;

(g) A property interest, power of appointment, or arrangement that was not subject to the common-law rule against perpetuities or is excluded by another statute of this state; or

(h) A trust:

(i) That is governed by the laws of this state;

(ii) That grants to the trustee the power to sell trust property; and

(iii) Which, pursuant to the terms of the trust instrument, does not exceed:

1. Three hundred sixty (360) years as to personal property; and

2. One hundred ten (110) years as to real property.

§ 89-25-11

(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 exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.

(2) If a nonvested property interest or a power of appointment was created before July 1, 2015 and is determined in a judicial proceeding, commenced on or after July 1, 2015, to violate this state's rule against perpetuities as that rule existed before July 1, 2015, a court upon the petition of an interested person may reform the disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created.

§ 89-25-13

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.

§ 89-25-15

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

Chapter 27 Mississippi Foreign Land Ownership Act

§ 89-27-1

This act shall be known and may be cited as the “Mississippi Foreign Land Ownership Act.”

§ 89-27-3

For the purposes of this chapter, the following words shall have the meaning herein ascribed unless the context clearly requires otherwise:

(a) “Forest and agricultural land” means any land in the state devoted to the growing of trees or the commercial production of agricultural products or timber, wood or forest products, including nongaming species. Where the land is classified by the county as forest, agricultural, pasture or open land and being used as forest or agricultural land in the performance of forestry or agricultural activities is a prima facie case as to the purpose the land is devoted to, though such classification shall not be required.

(b) “Majority part” or “majority interest” means an interest of fifty percent (50%) or more in the aggregate, held by individuals, parties or governments that are nonresident aliens as defined in paragraph (c) of this section. Majority interest shall still qualify even if the nonresident alien individuals, parties or governments are not acting in concert.

(c) “Nonresident alien” means:

(i) An individual who is domiciled in a country whose government is designated as a foreign adversary by the United States Secretary of Commerce and is neither a citizen of the United States nor a resident of the United States within the meaning of subparagraph (A)(26) U.S. Code Section 7701;

(ii) A corporation, partnership, limited partnership, limited liability company, trustee or other business entity that is:

1. Domiciled in a country whose government is designated as a foreign adversary by the United States Secretary of Commerce; or

2. Domiciled within the United States but which is wholly or in the majority part owned by any corporation, partnership, limited partnership, limited liability company, trustee or other business entity domiciled in a country whose government is designated as a foreign adversary by the United States Secretary of Commerce.

This subparagraph (ii) shall apply unless the nonresident alien is a corporation, partnership, limited partnership, limited liability company, trustee or other business entity leasing not more than five hundred (500) total acres of Mississippi land from its owner and using such land for agricultural research and development or experimental purposes, including testing, developing or producing crop production inputs, including, but not limited to, seeds, plants, pesticides, soil amendments, biologicals and fertilizers solely for sale or resale; or

(iii) A foreign government designated as a foreign adversary by the United States Secretary of Commerce.

(d) “Possessory interest” means all direct interest acquired, transferred or held in forest or agricultural land for a term of one (1) year or longer.

§ 89-27-5

(1) A nonresident alien may acquire a possessory interest in forest or agricultural land by devise or inheritance, as security for indebtedness, in the collection of debts or by any procedure for the enforcement of a lien or claim thereon, whether created by mortgage or otherwise.

(2) Any such possessory interest in forest or agricultural land acquired by a nonresident alien in the collection of debts or by any procedure for the enforcement of a lien or claim thereon shall be disposed of within two (2) years after acquiring such possessory interest.

(3) Any such possessory interest in forest or agricultural land acquired by a nonresident alien by devise or inheritance shall be disposed of within one (1) year after acquiring such possessory interest.

(4) A nonresident alien that acquires a possessory interest in forest or agricultural land pursuant to subsection (1) of this section may avoid disposing of such interest if, within the time required for disposal, such nonresident alien terminates said nonresident alien status or disposes of such shared interest as to no longer retain the majority part of interest thereof.

(5) Ownership of a majority part or majority interest in forest or agricultural land by a nonresident alien, outside of the provisions allowed by subsections (1) through (4) of this section, shall be prohibited. Failure to comply with the provisions of this section shall trigger the Secretary of State to issue a formal demand with notice of the violation to the nonresident alien. Failure to comply with the disposition of forest or agricultural land within the State of Mississippi after receiving notice shall trigger the Secretary of State to formally notify the Attorney General with a specific request for enforcement actions to begin.

§ 89-27-7

(1) The Mississippi Office of the Secretary of State shall be charged with the oversight of this chapter. Upon notice of a violation of the provisions herein, the Secretary of State shall issue a formal demand on the nonresident alien requiring the nonresident alien to comply herein within the time and manner prescribed. If the provisions of this chapter are silent to the time period a nonresident alien has to dispose of acquired forest or agricultural land within the State of Mississippi, or to bring the interest of a nonresident alien, which is held in a corporation, partnership, limited partnership, limited liability company, trustee or other business entity, below a majority interest, the time to comply shall be set at one (1) year. Failure to comply with the disposition of forest or agricultural land within the State of Mississippi after receiving notice shall trigger the Secretary of State or his or her agent to formally notify the Attorney General with a specific request for enforcement actions to begin.

(2) Upon notification received by the Attorney General, the nonresident alien shall be issued fines in the amount as set forth below:

First Offense․․․․․․․․․․․․․․․․․․․ $ 100,000.00--$250,000.00

Second Offense․․․․․․․․․․․․․․․․․․ $ 250,000.00--$750,000.00

Third and Subsequent Offense․․․․․ $750,000.00--$5,000,000.00

Fines shall be payable within thirty (30) days of the date of institution of the fine and shall be filed on the judgment rolls of the county where the property is located. Following the conclusion of the thirty-day period, the Attorney General shall begin the judicial taking of the property by filing a civil forfeiture action in the Chancery Court where the property is so located or in the Hinds County Chancery Court, whichever is convenient to the State of Mississippi. The entry of the final order of civil forfeiture shall extinguish the lien of the fine on the property, but shall not extinguish the fine on the nonresident alien. No mortgage, lien, privilege or other security interest recognized under the laws of this state and no ownership interest in division, lease, servitude, usufruct, right to use, bond or deed or other real rights shall be affected by a forfeiture or disposition pursuant to this section.

(3) The Secretary of State, in consultation with the Attorney General, shall promulgate rules and regulations as necessary to implement the provisions of this chapter.

§ 89-27-9

A real estate broker or realtor who engages with a client who is a prospective buyer or seller of a possessory interest in forest or agricultural land shall timely disclose to said client the requirements and limitations of this chapter.

§ 89-27-11

No attorney, title insurer, title insurance producer, title insurance agency producer, lender, mortgage loan servicer, notary public, real estate agent, real estate broker, seller or lessor shall have a duty to make any investigation as to whether a party to a transaction involving immovable property is a foreign adversary, nor shall any such person be liable for failing to identify that a party to a transaction involving immovable property is a foreign adversary.