Adverse Possession; prohibit right of title.
If enacted, HB298 would fundamentally alter the landscape of property rights in Mississippi. By preventing claims of adverse possession from vesting title, the bill would significantly strengthen the rights of formal landowners, ensuring that claims of existing occupants who do not hold legal title become void. This could lead to complications for those who have occupied land for years without clear title and would likely result in a surge of litigation concerning land disputes.
House Bill 298 aims to amend Section 15-1-13 of the Mississippi Code of 1972 to address claims of adverse possession. The primary change proposed by the bill is that any claims of adverse possession for any period of time will not result in the vesting of title. Currently, under the existing law, individuals may gain title to land through adverse possession after a period of ten years of continuous, uninterrupted occupation. This bill seeks to eliminate that possibility, nullifying any claim based on extended occupation without proper legal title.
The bill may garner both support and criticism. Proponents, particularly landowners, may welcome the change as it protects their ownership rights against potentially adverse possession claims from trespassers or prior occupants without title. Conversely, opponents might argue that it creates injustices, especially for those who have cultivated or occupied land for long periods under the belief they would eventually gain legal title—particularly in cases where formal title records are deficient or absent. This division reflects broader tensions regarding property and land use rights in Mississippi.