Mississippi: What to Do If Someone Is Squatting in a Property Before It’s Sold

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

What to do if someone is occupying (squatting) your Mississippi property before sale

Disclaimer: This article provides general information about Mississippi law and common procedures. It is not legal advice. For help on your specific situation, consult a Mississippi attorney.

Detailed answer: how Mississippi law treats squatters and how to remove them

When a person occupies real property without the owner’s permission, they are generally a trespasser or a squatter. In Mississippi, owners who discover unauthorized occupants have civil remedies (to regain possession) and sometimes criminal options (if the occupant commits theft, burglary, or another crime). The right steps usually are:

  1. Do not use force or “self-help” to remove people. Changing locks, cutting off utilities, or physically evicting occupants can expose you to civil liability or criminal charges. Leave removal to the courts and law enforcement.
  2. Quickly determine the occupant’s claimed status. Ask whether they claim a lease or some ownership interest. Collect any documents the occupant shows you (alleged lease, receipts, or title documents) and preserve photos, videos, and witness contacts showing when they first occupied the property.
  3. Contact local law enforcement when a crime is occurring. If the person is committing criminal activity (breaking and entering, theft, vandalism, assault), call the police immediately. Officers may remove a trespasser when a crime is in progress or if the occupier cannot show a legal right to be there. For non-criminal civilian possessory disputes, police often will refer the parties to the courts.
  4. Send a written demand to vacate. A clear, dated demand that the occupant vacate within a short period (for example, 3 days) helps establish your position. Deliver by certified mail and keep copies. This is not a substitute for a court action, but it preserves evidence of your attempts to resolve the matter peacefully.
  5. File a judicial possessory action (ejectment or unlawful/forcible detainer). In Mississippi the usual civil route to remove someone who refuses to leave is to file a possessory action in the appropriate court. Many Mississippi counties handle landlord-tenant and other possession disputes in justice courts (or the county court that handles forcible entry and detainer), while some matters go to circuit or chancery court depending on the issues (title disputes, quiet title, ejectment). The court will schedule a hearing. If the judge rules in your favor, the court can issue a judgment for possession and a writ of possession (or order directing the sheriff to remove occupants).
  6. Have the sheriff execute the court’s writ of possession. Only a law enforcement officer should enforce a writ of possession. After the judge issues the writ, the county sheriff or constable carries out the removal so it’s done lawfully and safely.
  7. Address any title or adverse possession claims. A long-term occupant can try to claim ownership through adverse possession if they meet statutory requirements (open, notorious, exclusive, continuous, adverse, and for the required statutory period). If you discover occupation that has continued for years, talk to a lawyer promptly to protect your title and consider actions such as quiet-title litigation. For general Mississippi statutory materials and to locate relevant code sections, search the state legislature site: https://www.legislature.ms.gov/ or get court guidance at https://www.courts.ms.gov/.

Typical timeline and enforcement steps

  • Immediate: do not self-help. Preserve evidence. Contact police if a crime occurs.
  • Days to weeks: send a demand to vacate and then file a possessory action (time depends on local court schedules).
  • Weeks to months: court hearing, judgment, and issuance of writ of possession.
  • Days after writ: sheriff enforces the writ and removes occupants.

Court names and procedures vary by county. To find local forms, rules, and court contact information, use the Mississippi Judiciary site: https://www.courts.ms.gov/.

Can a squatter get title to my property?

Yes — but only if the occupant proves they satisfied all requirements for adverse possession under Mississippi law for the required statutory period. Adverse possession claims often require continuous and open possession for many years and may require color of title or payment of property taxes, depending on the theory used. If you find unauthorized occupants, acting quickly helps prevent the possibility of adverse possession claims.

Can I call the police to remove a squatter?

Police may remove an obvious trespasser if a crime is being committed or if the officer concludes the occupant has no right to be there. When the dispute is primarily a civil claim of possession, police often advise filing the appropriate court action instead. If you are unsure, document the problem and consult an attorney.

What if the squatter claims to be a tenant?

If the occupier claims a lease or rental agreement, you must follow Mississippi’s landlord–tenant procedures for eviction (notice requirements, service of process, and court eviction process). Treat alleged tenants cautiously—misidentifying someone as a squatter when they claim tenancy can complicate and lengthen removal.

Helpful hints

  • Preserve evidence: take dated photos/videos, keep copies of correspondence, and log dates and times of contact.
  • Do not perform “self-help” eviction (changing locks, shutting off utilities, physical removal).
  • Send a written demand to vacate and save proof of delivery (certified mail, process server).
  • Act promptly. Long delays increase the risk of adverse-possession or other defenses.
  • Use local resources: check your county court’s process for unlawful detainer or forcible entry and detainer actions. See Mississippi Judiciary: https://www.courts.ms.gov/.
  • If the occupant claims tenancy, follow formal eviction steps under Mississippi procedure rather than treating them as a trespasser.
  • Hire a local real estate or eviction attorney when possession is contested, the occupant claims rights, or title may be at risk. For referrals, consider the Mississippi Bar Lawyer Referral Service (see https://www.msbar.org/).
  • After you obtain a writ of possession, coordinate with your sheriff’s office to schedule enforcement and plan for securing the property (changing locks, boarding up, inventorying personal property per court rules).

Next steps and helpful resources

1) Preserve evidence and avoid self-help. 2) Contact local law enforcement if criminal activity occurs. 3) Send a written demand to vacate. 4) File the appropriate possessory action in the correct Mississippi court and obtain a writ of possession. 5) Have the sheriff enforce the writ. 6) If the occupant asserts adverse possession or title claims, contact a real property attorney immediately.

Useful official resources:

  • Mississippi Legislature (search statutes): https://www.legislature.ms.gov/
  • Mississippi Judiciary (court forms, local court contacts): https://www.courts.ms.gov/
  • Mississippi Bar (lawyer referral): https://www.msbar.org/

Because local practice and the correct court for filing can differ by county and by the facts, please consult a Mississippi attorney to discuss deadlines, court filing procedures, and strategy for your specific situation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.