Real Estate Unit 29-Title Issues

In Mississippi, the formula to determine the ad valorem (according to value) property tax owed is

((true value × assessment ratio) × millage rate) = tax owed

regarding a developer's deed restrictions: -They may be enforced by property owners in the subdivision -they are recorded and run with the land to successive owners of property -They may be more restrictive that city or county ordinances.

-They can NOT be changed at will by the original developer

How often does Mississippi law require that property be assessed?

4 years

What is it called when a developer pays the cost of paving a new street and then conveys ownership in the street to a local municipality?

Dedication

Property tax rates are commonly called millage rates, figured in mills. One mill is equal to 1/1,000 of a dollar.

For example, if the millage rate for your area is 100 mills, you would pay $100 for every $1,000 of assessed value

Which statement is TRUE of the process a developer must follow when developing a parcel of land?

From the subdivision plans, plats are drawn dividing the land into lots.

Which type of easement occurs when a homeowner's apple tree has encroached on a neighboring property without permission for over 10 years?

Prescriptive

There is no statewide statutory or regulatory scheme for the development of subdivisions. Generally, local governments control these matters.

To ensure growth in harmony with community standards, land developers must conform to the municipality's subdivision and land development regulations. The land must be surveyed and laid out so that the subdivision utilizes natural drainage and land contours. Often an environmental impact report is required with the application for subdivision approval. Plats have to be adopted by the municipality before they can be recorded. Developers, particularly in the coastal areas, must also be aware of wetlands and tidelands issues.

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Local governments

enforce zoning laws but not subdivision regulations.

The State of Mississippi delegates zoning authority to

local governments.

A tax bill was delivered to an owner's old address, and the owner has not paid taxes for on the property for over three years. In this situation, the

owner's property can be sold at a tax sale, even if she did not receive the tax bill. Even though the owner did not receive the tax bill, she knew she had not been paying taxes on the property and the property can be sold at a tax sale.

If property taxes are not paid by February 1,

penalties, interest, and administrative costs can accrue

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sets basic rules for entering an enforceable contract using electronic means

To obtain title to property in Mississippi through adverse possession, the claimant must prove, by clear and convincing evidence, the following six elements: 1-Claim of right. The adverse possessor is using the land as though the true owner. 2-Actual or hostile. The use of the land is not permitted by the original owner of the land. 3-Open, notorious, and visible. The adverse possessor is openly using another person's land in a way that is not hidden or easily discoverable.

4-Exclusive. The use of the land is not shared with the original owner of the land. 5-Continuous and uninterrupted use. The adverse possessor must meet all the elements for adverse possession for a ten-year period. 6-Peaceful. The original owner must not attempt to oust the adverse possessor by filing a trespass action or otherwise seeking to remove the possessor from the land

Nonpayment of taxes can result in the property being sold at a tax sale. The property is offered for sale the first year that the taxes are not paid. The sale is held the last Monday of August. The sale is not confirmed until two years after the first tax sale. The purchaser at a tax sale is given a tax certificate, not a deed. The purchaser receives a deed at the end of two years, if the property is not redeemed during that time.

After a property is sold at a tax sale, there is a two-year right of redemption. The delinquent taxpayer can redeem at any time prior to the final confirmation if all payments are made—that is, the base amount of the property tax, the interest, the penalties, the sales amount, and the chancery fees.

Joe and Frank have been neighbors and property owners for many years. Joe has granted Frank an easement across his property to drive his cattle to market. Joe and Frank have an argument about the damage to crops that his cattle are causing and Joe does not want Frank to bring the cattle across his property any longer. In this situation,

Joe can terminate Frank's use of his property at will.

Spot zoning and variances under most zoning regulations today are very strictly construed to avoid any attempt at special land protections. Special zoning, sometimes called a planned unit development (PUD), is used in Mississippi to allow diverse land uses (residential, commercial, recreational) to exist under one umbrella.

Local government does not enforce private covenants, conditions, and restrictions (CC&Rs). The developer's restrictive covenants may be more restrictive than the zoning ordinances, but they may not violate state law or federal fair housing laws. The developer of the subdivision (or the majority of the homeowners once the prescribed number of lots or houses have been sold) can seek to enforce private land-use regulations under typical common-law provisions of reasonableness, intent, and a common plan.

In Mississippi, which of the following must be submitted to the planning commission for approval before land can be subdivided?

Plat map.The land must be surveyed and laid out so that the subdivision utilizes natural drainage and land contours. Often an environmental impact report is required with the application for subdivision approval. Plats have to be adopted by the municipality before they can be recorded.

Generally, the State of Mississippi delegates zoning authority to cities, towns, and municipalities of the state for the purpose of promoting the health, safety, morals, or general welfare of the community. The zoning boards also have the authority to regulate and restrict development, to deny requests for potential development, and to control the density of the development.

Requests for zoning changes and variances, complaints, and appeals from decisions of the local boards are all governed on the local level. A court can set aside a local government's decision if the applicant can prove that the decision was arbitrary.

Generally, there are no statewide statutory rules and regulations except those related to the licensing of builders and contractors and the use of environmentally sensitive materials in construction or the location of environmentally sensitive industries.

State law governs the warranty period of the builder. Each city, municipality, or county sets the standards, if any, in compliance with the authority allowed under state law. The local zoning authorities (planning commissions and building divisions) enforce the standards under local government. Building codes are also controlled by federal guidelines in flood-prone areas and coastal areas because of threats from hurricanes.

Property taxes are assessed on the calendar year, from January 1 until December 31, and are paid in arrears.(paid at the end of that year)

Taxes are due on or before February 1 for property assessed the preceding year.

Tax assessors must revalue real property at least once every four years. Property owners who disagree with the assessed value can request a hearing with their county board of supervisors.

The true value is determined by using any one or combination of the sales comparison, cost, or income value approaches to value.

Property owners who allow another person to hunt their property is said to have given them

a license.

Both commercial contractors and residential homebuilders are licensed by

the State of Mississippi.

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