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Started By
Message
OT Lawyers? Real estate law question.
Posted on 4/15/26 at 4:43 pm
Posted on 4/15/26 at 4:43 pm
Last Fall, I closed on a real find. A 1901 build in Biloxi. The home sits adjacent to a hotel. The hotel parking lot extends into what we thought was a shared alley. We asked the owner about cutting the curb so we could access our carport. He went ape shite saying no no no. Saying he owned the land and no modications would be made. We pushed him a little and he said he had a survey that proved it. We asked him to share it and he refused.
Now, we have done our own survey in conjunction with the City of Biloxi. Not only is not land, my land actually extends another ten feet beyond what we thought was a shared alleyway. Meaning, most of his parking lot is actually on my property. The land was never vacated so from speaking to my contractor and the City, they all believe this land is unequivocally mine. They suggested I bring the survey to his lawyer and discuss a settlement.
Is this the best course? Is there anything else I should be doing?
Now, we have done our own survey in conjunction with the City of Biloxi. Not only is not land, my land actually extends another ten feet beyond what we thought was a shared alleyway. Meaning, most of his parking lot is actually on my property. The land was never vacated so from speaking to my contractor and the City, they all believe this land is unequivocally mine. They suggested I bring the survey to his lawyer and discuss a settlement.
Is this the best course? Is there anything else I should be doing?
28
Posted on 4/15/26 at 4:45 pm to rpg37
Take pictures.
Posted on 4/15/26 at 4:50 pm to rpg37
Build a really small hotel on the land, with a huge neon sign that says, "voted # 1 hotel in Biloxi".
Posted on 4/15/26 at 4:51 pm to rpg37
Obligatory not legal advice, but you should discuss with an attorney that handles property and property rights law, not necessarily "real estate", which is sort of nebulous and may direct you more towards title work.
Edit: incidentally, I'm also in OS and would be curious as to which hotel is adjacent to you
Edit 2: and again, this isn't legal advice, but if it were me....I'd probably visit with the gentleman and his lawyer, show him how they're wrong, and tell them you are moving forward with construction/remediation and to file an injunction if they so choose. But that's me personally, as I'm an a-hole and would be willing to engage in that form of negotiation. The leverage being, either let me cut out the fricking curb or I'll need an easement/rent for what extends into your alleged boundary.
Edit: incidentally, I'm also in OS and would be curious as to which hotel is adjacent to you
Edit 2: and again, this isn't legal advice, but if it were me....I'd probably visit with the gentleman and his lawyer, show him how they're wrong, and tell them you are moving forward with construction/remediation and to file an injunction if they so choose. But that's me personally, as I'm an a-hole and would be willing to engage in that form of negotiation. The leverage being, either let me cut out the fricking curb or I'll need an easement/rent for what extends into your alleged boundary.
This post was edited on 4/15/26 at 4:58 pm
Posted on 4/15/26 at 4:56 pm to rpg37
quote:
They suggested I bring the survey to his lawyer and discuss a settlement.
I would take this approach 1st. And go back to your original offer of cutting the curb. Try the nice way 1st, give him 30 days. If not reclaim what is legally yours.
Posted on 4/15/26 at 4:56 pm to rpg37
He may have a claim to the parking lot property based on 10 years adverse possession.
You need to talk to a MS lawyer who knows property law.
Maybe try to strike a deal. He keeps the parking lot, and you get the alley. The alternative is lawyer fees $$$ for everyone and an uncertain outcome.
MS Adverse Possession Law
You need to talk to a MS lawyer who knows property law.
Maybe try to strike a deal. He keeps the parking lot, and you get the alley. The alternative is lawyer fees $$$ for everyone and an uncertain outcome.
MS Adverse Possession Law
Posted on 4/15/26 at 4:59 pm to Twenty 49
Most states make you actually claim adverse possession don't they?
Posted on 4/15/26 at 5:18 pm to rpg37
Be nice first but remind them that you are willing and able to block half his parking lot with a ratty RV full of hobos if he fricks with you.
Posted on 4/15/26 at 5:30 pm to rpg37
Bruh
Tree fiddy WNHI
Tree fiddy WNHI
Posted on 4/15/26 at 5:36 pm to dblwall
quote:
I would take this approach 1st. And go back to your original offer of cutting the curb. Try the nice way 1st, give him 30 days. If not reclaim what is legally yours.
Before doing this, I would get some friends to pretend to be surveyors and have them put some little orange flags 30 feet beyond your survey line onto his property. Might as well freak him out a bit before the compromise.
Posted on 4/15/26 at 5:41 pm to rpg37
Is the owner Hindu?
Posted on 4/15/26 at 5:41 pm to rpg37
You need to contact an MS attorney who does real estate litigation, not just your average one working for a title company.
Don't get too happy until they have reviewed everything. I don't know the specifics of MS law, but in some states, adverse possession could be a thorn in your side.
Don't get too happy until they have reviewed everything. I don't know the specifics of MS law, but in some states, adverse possession could be a thorn in your side.
Posted on 4/15/26 at 6:34 pm to rpg37
quote:
Is there anything else I should be doing?
You buy title insurance when you bought? Might give them a ring.
Posted on 4/15/26 at 6:39 pm to Night Vision
quote:
Take pictures.
Did they say they had a wife or GF?
IF so, take pics and post here.
We have rules you know.
Posted on 4/15/26 at 6:41 pm to rpg37
You better hire a lawyer ASAP.
Posted on 4/15/26 at 6:41 pm to rpg37
Why does society encourage Morris Bart and Gordon and so little is spent on real issues like this?
Posted on 4/15/26 at 6:42 pm to dblwall
He tried thst.
Posted on 4/15/26 at 6:42 pm to rpg37
This thread is badly in need of MSpaint.
Posted on 4/15/26 at 6:46 pm to rpg37
quote:
Real estate question.
#1 Did you buy title insurance with the property?
#2 Did that insurance cover "more" property than "less". Most policies do not cover when the title reveals more land than less.
As you purchased it recently and did not have a survey done prior to closing, he may have claim based on use and time elapsed by previous owner.
quote:
I closed on a real find.
Before closing
#1 get an appraisal you pay for, not the seller or lender
#2 get a survey you pay for
#3 get a home inspection you pay for and allow your appraiser access to it
At closing, spend the dough on title insurance
My last quiet title action (pre c19) was about 5K for not doing 1 of the things listed above, My fault for not doing better due diligence.
Posted on 4/15/26 at 6:57 pm to rpg37
Did you get title insurance when you closed? If so, you need to contact the title insurance company.
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