Owner Protections
For centuries, land disputes have shaped property laws across the U.S., and Mississippi is no exception. Squatter rights, also known as adverse possession laws, allow unauthorized occupants to claim ownership under specific conditions. But how does this work in today’s legal landscape, and what can property owners do to prevent it? This guide breaks down everything you need to know about Mississippi squatter rights!
What Are Squatter Rights in Mississippi?
Squatter rights, also known as adverse possession laws, allow someone who has occupied a property for a long period, without the owner’s permission, to potentially claim legal ownership. Mississippi, like many other states, has laws that outline when a squatter may gain legal Mississippi squatter rights to a property.
So, does Mississippi have squatters' rights?
In Mississippi, a squatter can claim ownership under Mississippi squatter rights if they have lived on the property continuously for 10 years and meet specific legal conditions. These conditions include openly occupying the property, treating it as their own, and not being challenged by the actual owner. The logic behind this law is to prevent land from sitting unused indefinitely. However, the process isn’t simple.
It's important to note that while individuals may be able to claim squatter rights, the legal age in Mississippi to move out without parental consent is 21. Therefore, minors must consider this legal aspect if they find themselves in a situation involving squatting.
Squatting vs. Trespassing in Mississippi
At first glance, squatting and trespassing might seem like the same thing. But in the eyes of the law, these two situations are very different.
Trespassing Laws in Mississippi
Mississippi law is clear: trespassing is a crime. If someone enters another person’s property without permission, the owner has the legal right to report them, and law enforcement can remove them immediately.
According to Mississippi Code § 97-17-87, anyone who willfully and unlawfully enters another’s property without authorization can be charged with criminal trespassing. This can result in fines, arrest, and even jail time in more serious cases. Property owners don’t have to tolerate unwanted intrusions, they can call the police as soon as they become aware of a trespasser.
Trespassing laws in Mississippi are a major distinction from squatting. A squatter isn’t always considered a trespasser right away, and their removal may require a legal eviction rather than a police intervention.
When Is a Squatter Considered a Trespasser?
A squatter becomes a trespasser the moment they receive a clear notice to leave and refuse.
In Mississippi, property owners must take legal steps to evict a squatter, typically through an official eviction process. However, once the owner explicitly tells the squatter they are not welcome and asks them to leave, the squatter is trespassing if they stay.
Other situations where a squatter might immediately be considered a trespasser include:
- Breaking into a property
- Ignoring posted ‘No Trespassing’ signs
- Occupying a home that is actively in use
If a squatter hasn’t been removed yet, it’s often because the legal eviction process is in motion. Mississippi law requires landlords and property owners to follow due process before forcibly removing someone from a property.
Comparison: Squatting vs. Trespassing
Adverse Possession in Mississippi
Claiming property through adverse possession isn’t easy. Mississippi law requires squatters to meet strict conditions before they can even think about becoming the rightful owner. Let’s break down what adverse possession actually means and what it takes to make a claim.
What Is Adverse Possession?
Adverse possession is a legal principle that allows someone who has continuously used a property without the owner’s permission to eventually claim Mississippi squatter rights. Essentially, the law rewards long-term occupation if the true owner doesn’t step in to remove the squatter.
If an owner neglects a property for years, and someone else openly maintains it, improves it, and treats it as their own, the law may recognize that person’s right to keep it. But before squatters start making Mississippi squatter rights claims, they must first meet Mississippi’s legal requirements (none of which are easy).
Requirements for Adverse Possession in Mississippi
To successfully claim ownership of a property through adverse possession in Mississippi, the squatter must prove that their occupation meets five key conditions for at least 10 continuous years:
- Hostile possession – The squatter must occupy the land without permission from the actual owner.
- Actual possession – The squatter must physically use the property, whether by living on it, maintaining it, or making improvements.
- Open and Notorious possession – The occupation must be obvious to anyone, including neighbors and the property owner.
- Exclusive possession – The squatter must be the only one using the property. If multiple people come and go or share the space without making a claim, adverse possession likely won’t apply.
- Continuous possession – The occupation must be uninterrupted for 10 years.
Moreover, under the Mississippi squatter rights, the squatter may strengthen their case by paying property taxes on the land or making visible improvements, such as repairs or landscaping.
Property owners should be proactive in maintaining their rental properties and addressing unauthorized occupation to prevent adverse possession claims. If you're a landlord dealing with repair responsibilities in a rental property, you can review Mississippi’s rental repair laws for more information.
How to File for Adverse Possession in Mississippi?
So, let’s say a squatter believes they’ve met all the requirements, what next? The process of filing for adverse possession in Mississippi involves taking legal action through the courts.
- Gather Evidence – The squatter must collect proof of their continuous, open, and exclusive use of the property. This might include photos, receipts for maintenance, property tax payments, or witness statements.
- File a Quiet Title Lawsuit – A quiet title action is a legal case in which the squatter petitions the court to officially recognize them as the rightful owner.
- Court Review and Decision – The court will examine all evidence to determine whether the squatter has met Mississippi’s adverse possession criteria. The true owner will be notified and given a chance to challenge the claim.
- Legal Ownership Granted – If the court rules in favor of the squatter, they receive a legal title to the property, making them the official owner.
Abandoned Property Laws in Mississippi
Not all unclaimed properties fall under adverse possession in Mississippi. Mississippi also has laws about abandoned property, which refer to assets that owners have left behind with no intention of returning.
When Is Personal Property Considered Abandoned?
Mississippi law generally defines personal property as abandoned when:
- The owner has left it behind without making arrangements to retrieve it.
- The property remains unclaimed for a legally defined period.
- There’s no sign of the owner returning to reclaim it.
Mississippi law requires landlords to notify the former tenant and give them a certain amount of time (often 15 to 30 days) to collect their belongings before considering them abandoned. After this period, the landlord may dispose of, sell, or keep the items.
How to Claim Abandoned Property in Mississippi?
If someone wants to claim real estate or personal property that has been abandoned, there are legal steps to follow:
- Check Ownership Records – Before making a claim, ensure the property is truly abandoned by verifying its legal owner through public records. For real estate, this means checking deeds and tax records.
- File a Claim with the State (for Personal Property) – Mississippi has an Unclaimed Property Division that manages abandoned money, bank accounts, and safe deposit box contents. You can check and claim assets through the Mississippi State Treasury’s website.
- Follow Legal Channels for Real Estate – Claiming abandoned real estate often requires either purchasing it through a tax lien auction (if property taxes haven’t been paid) or attempting an adverse possession Mississippi claim if legal requirements are met.
- Comply with Waiting Periods – Some abandoned property claims require waiting for a statutory period to pass before ownership transfers. Real estate laws vary depending on whether the property is publicly or privately owned.
How to Evict a Squatter in Mississippi? A Step-by-Step Guide
Mississippi doesn’t recognize squatting as a legal right by default, meaning property owners have strong legal grounds to remove unauthorized occupants. However, the process still involves formal eviction steps, which vary based on the squatter’s status.
5 Legal Steps to Remove a Squatter
Evicting a squatter in Mississippi requires 5 legal actions as listed below:
- Confirm the Squatter's Status: First, confirm whether the individual is a squatter or a trespasser. Trespassers can often be removed by law enforcement immediately, while squatters may require a formal eviction process.
- Serve an Eviction Notice: This notice informs them that they must vacate the property by a specific date. If the squatter does not leave after the notice period expires, you’ll need to file an unlawful detainer lawsuit in court.
- File an Unlawful Detainer Lawsuit: After filing, a court hearing will be scheduled where both you and the squatter can present your cases. If the court rules in your favor, you will receive a writ of possession, granting you legal rights to remove the squatter.
- Coordinate with Law Enforcement: Finally, coordinate with law enforcement to carry out the eviction, as attempting to remove the squatter yourself is illegal.
How Long Is the Eviction Process in Mississippi? What Factors Could Delay the Process?
Evicting a squatter in Mississippi can take anywhere from a few weeks to several months, depending on various factors.
The timeline largely hinges on the type of eviction notice issued, such as a standard 30-day notice or a more urgent 3-day notice for immediate violations.
If the squatter refuses to leave, the case may proceed to court, where scheduling delays can add weeks to the process. Additionally, some squatters may attempt to challenge the eviction by claiming they had verbal permission to stay or by arguing they qualify for adverse possession, which can further complicate and extend proceedings.
Even after a court ruling, the actual removal depends on law enforcement availability. Backlogs or administrative delays can slow enforcement. To minimize delays, it’s crucial to act quickly and follow all legal procedures correctly.
In summary, some key factors can delay the process:
- Notice period requirements
- Court scheduling delays
- Squatter’s legal defense
- Law enforcement availability
Mississippi 30-Day Eviction Notice: When Is It Required?
Mississippi 30-day eviction notice is a common legal requirement in Mississippi, particularly when dealing with holdover tenants or squatters who have stayed for an extended period. This notice informs the squatter that they must vacate within 30 days or face legal eviction.
A property owner should issue a 30-day eviction notice when:
- A squatter has lived on the property for an extended time and may claim a right to stay.
- There is no clear lease agreement or rental contract in place.
- The property owner wants to avoid unnecessary legal disputes by offering a grace period before pursuing a formal eviction case.
However, a shorter notice may be required in cases of:
- Illegal activity (such as destruction of property or unauthorized use of utilities).
- Immediate threats to safety (which may allow for faster legal action).
In cases where a lease agreement is in place, lease termination follows a different legal process. If a tenant is on a month-to-month lease, the landlord must typically provide a 30-day notice before terminating the lease. For longer-term leases, the terms of the contract will dictate the required notice period. Regardless of the
situation, following proper legal procedures ensures a smoother transition and helps property owners avoid unnecessary legal complications.
Recent Changes in Mississippi Eviction Laws in 2025
Eviction laws frequently evolve, and in 2025, Mississippi made important updates to how squatters and tenants can be legally removed. These changes impact landlords, property owners, and anyone dealing with unauthorized occupants.
One of the key changes is the streamlined eviction process, allowing property owners to expedite their cases against squatters, minimizing the delays that were previously common. Additionally, the state has clarified the notice period requirements for evictions. New guidelines specify when shorter eviction notices, such as 3-day or 7-day notices, can be used, particularly for cases involving illegal occupants.
Lastly, the laws now impose stricter penalties for fraudulent squatting claims. Squatters attempting to exploit adverse possession laws will face harsher consequences, which helps protect property owners' rights.
Conclusion
Ultimately, the landscape of Mississippi squatter rights is evolving, and property owners must stay updated on these changes. With the right knowledge from LeaseRunner, you can safeguard your property and ensure that your rights as a property owner are upheld!
FAQs
Q1: What are squatters' rights in Mississippi?
Mississippi squatter rights refer to the legal protections that may apply to individuals occupying a property without the owner's permission. While squatters do not have a legal right to remain on the property, they can sometimes claim adverse possession if they meet specific conditions.
Q2: What is the new eviction law in Mississippi?
In 2025, Mississippi implemented updates to its eviction laws that streamline the eviction process for property owners. These changes include clarified notice period requirements and increased authority for law enforcement to assist in evictions. The revisions aim to expedite the removal of unauthorized occupants and protect property owners' rights.
Q3: Is it illegal to be homeless in Mississippi?
Being homeless is not illegal in Mississippi; however, certain behaviors associated with homelessness, such as loitering or trespassing, can lead to legal issues
Q4: Why are there squatters rights?
Squatters' rights exist to provide legal protections for individuals who occupy abandoned or unclaimed properties. These rights are rooted in the principle of adverse possession, which encourages the productive use of land and prevents properties from remaining unused for extended periods. However, property owners retain the right to reclaim their property through legal processes.
