Case: Landlord Cannot Bring Action for Trespass
Bridge Properties of Lafayette, LLC v. 1000 Jefferson, LLC, 366 So. 3d 930 (Miss. Ct. App. 2023). Bridge Properties owned land and a building located…
Case: Parties’ Agreement Determines Whether Affixed Equipment is Real or Personal Property
4-Way Electric Services, LLC v. Huntcole, LLC, 366 So. 3d 844 (Miss. 2023) (en banc). Huntcole, LLC (”Seller”) operated a business of refurbishing electric transformers.…
Case: What Costs Can a Tax Sale Purchaser Recover if the Tax Sale is Voided?
Thoden v. Hallford, 391 So. 3d 1137 (Miss. 2024). Hallford owned land in Jackson County. She failed to pay the ad valorem taxes assessed to…
Columbus Air Force Base Added to CFIUS Review
On November 7, 2024, the Committee on Foreign Investment in the United States (CFIUS) issued a Final Rule expanding its authority to review transactions by…
Case: Equitable remedies available to vendee even though contract to purchase is void under statute of frauds
SEL Business Services, LLC v. Lord, 367 So. 3d 147 (Miss. 2023). In November 2019 Dr. William Lord and SEL Business Services, LLC (“SEL”) entered…
Case: Buyer’s failure to close on specified date was not material when contract did not state that time was of the essence
Haidar v. Margetta, 352 So. 3d 206 (Miss. Ct. App. 2022)(en banc). Yazmine Haidar and Harold Katz, as buyers, and Chad and Lynette Margetta, as…
Case: Supreme Court affirms Loblolly; foreclosure of deed of trust does not extinguish HOA covenants
Loblolly Properties LLC v. Le Papillon Homeowner’s Association Inc., Miss. Supreme Ct. No. 2021-CT-00767-SCT, 2023 WL 5311529 (August 17, 2023)(en banc). This case affirms the…
CFIUS and Restrictions on Ownership of Land by Foreign Nationals
If you are involved in purchasing land near Camp Shelby in Forrest and Perry Counties, the Meridian Naval Air Station in Meridian, or the Naval…
Federal Remote Notary Legislation
Mississippi is one of only six states that do not allow remote notarizations. When the state was under an emergency declaration because of COVID-19, remote…
Mississippi Legislation
SB 2073 amends Section 93-19-13 of the Mississippi Code and other statutes to lower the age at which persons can enter into binding contracts affecting…
Case: Prescriptive Easement over Water
Franco v. Ferrill, 342 So. 3d 1176 (Miss. 2022). In a case of first impression, the Mississippi Court of Appeals has held that the test…
Bills affecting Real Property passed by the Legislature
The following bills affecting real property were passed by the Legislature and signed into law by the Governor. All of these bills become effective on…
Does Foreclosure Of A Deed Of Trust Extinguish Restrictive Covenants?
Loblolly Properties LLC v. Le Papillon Homeowner’s Ass’n, Miss. Court of Appeals No. 2021-CA-00767, 2022 WL 4478395 (Sept. 27, 2022)(rehearing denied Jan. 31, 2023)(not released…
Pending Bills Regarding Real Property
The following pending bills affecting real property are still alive in the MississippiLegislature as of March 13, 2023. HB 280 would create a committee to…
Legislation Not Enacted: Garbage Liens
No legislation (SB 2457 | HB 725 | HB 1069 – all died in Committee or on Calendar) was enacted to address the problem of…
Legislative Update: Evictions
In Conner v. Alltin, LLC 2021 WL 5588731 (Nov. 30, 2021), the United States District Court for the Northern District of Mississippi held that certain…
Legislative Update: Cannabis
The new Mississippi Medical Cannabis Act, SB 2095, raises some interesting zoning issues. First, the Act describes where cannabis facilities can be located by reference…
Legislative Update: Letters of Administration
Prior to July 1, 2022, Section 91-7-63 provided that letters of administration shall be granted by the chancery court of the county in which the…
Legislative Update: Eminent Domain
In HB 1769 the Legislature enacted by statute the wording of the eminent domain initiative that was approved by the voters in an initiative in…
Legislative Update: Affidavit of Scrivener’s Error
HB 1351 amends Section 89-5-8 of the Mississippi to provide that an affidavit of scrivener’s error must recite the Mississippi bar number of the affiant…