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…
Author: Rod Clement
Rod Clement’s practice is concentrated in commercial real estate and secured transactions. He regularly represents purchasers and developers of shopping centers, office buildings and distribution centers, and represents lenders and borrowers in financings. Recent projects that he has worked on include development of solar power farms and student housing, purchase of healthcare facilities, and sales and financings of multi-family properties. He also has extensive experience with judicial and non-judicial foreclosures and receiverships.
Rod is a member of and has served on the board of directors of both the American College of Real Estate Lawyers and the American College of Mortgage Attorneys. He currently is serving on ACREL’s Member Selection Committee.
Rod has been listed in Band 1 of Chambers USA in Real Estate since Chambers began covering Mississippi. He has been listed in The Best Lawyers in America®in Real Estate and Land Use and Zoning for over 15 years. Best Lawyers named him “Lawyer of the Year” in Real Estate Law in Jackson in 2011, 2014 and 2018 and in Land Use and Zoning Law in 2013, 2016 and 2019. He is one of only two attorneys in Mississippi listed in International Who’s Who Legal: Real Estate for 2013-2015. He also is listed in Mid-South Super Lawyers.
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…
Legislative Update: Carbon sequestration
HB 1214 makes changes to the Mississippi Geologic Sequestration of Carbon Dioxide Act, Miss. Code Ann. §§ 53-11-1 to -33 to promote carbon sequestration in…
Legislative Update: Homeowners’ Associations
In 2021 the Legislature enacted Miss. Code Ann. §§79-11-751 to -759, entitled Regulation of Homeowners Associations Management Agents and the Management of Association Assets. This…
Case: Adverse Possession and Tacking under Void Deed of Trust
Crotwell v. T&W Homes Etc, LLC, 318 So. 3d 1117 (Miss. 2021). In 1973, Lum conveyed forty acres to Crotwell by warranty deed and reserved…
Case: Arbitrary for Board to Rely on Licensing Statute to Deny Use
Board of Supervisors of Hancock County v. Razz Halili Trust, 320 So. 3d 490 (Miss. 2021). The Razz Halili Trust d/b/a Prestige Oysters (“Trust”) purchased…
Case: Interpretation of Local Ordinances
The Mississippi Supreme Court has long given deference to the interpretation by cities and counties of their ordinances, including zoning ordinances. In a case decided…
Case: COVID and Public Sales
Osby v. Janes, 323 So. 3d 1084 (Miss. 2021) Eleven cotenants owned land in DeSoto County. One cotenant, Osby, negotiated a contract to sell the…
New Laws – Effective 2021
The following bills became effective on July 1, 2021. HB 1156 enacted the Revised Mississippi Law on Notarial Acts, which is codified at Miss. Code…
Zoning: Mississippi Medical Cannabis Act
The new Mississippi Medical Cannabis Act raises some interesting zoning issues. First, the Act describes where cannabis facilities can be located by reference to areas…
Trustee in Deed of Trust is Nominal Party for Diversity Jurisdiction
Anderson v. Wells Fargo Bank, N.A., 953 F.3d 311 (5th Cir. 2020) – Pro se plaintiff Anderson filed multiple lawsuits alleging that her lender improperly…
Lack of Authority to Assign Deed of Trust Does Not Support Wrongful Foreclosure Claim
Helmert v. Cenlar FSB, 802 Fed. Appx. 125 (5th Cir. 2020). Helmert refinanced his home in Lafayette County, Mississippi with Merchants &Farmers Bank and granted…