re: OT Lawyers? Real estate law question.

I may be ignorant, but what if someone gets injured in the hotel parking lot that is actually your land. Can they go after you or your insurance?

Contractor said negotiate a settlement where they legally buy the land.

But you're going to go to a lawyer, right?


Side bar question;

Have you ever done home improvement/renovations?

I'd hire a surveyor and reach back out to your title attorney that helped close on the property. The title attorney owes you some free time if this wasn't captured during closing. Have your surveyor set iron at property corners and servitude/easement limits. Takes lots of pictures. Get a signed and sealed survey. Then go find an attorney to negotiate with hotel.

I wouldn't take anything less than the right of access and an annual rental rate for use of your property. Or Access + Settlement.

While this is all true, I don't know too many who will refuse to meet or at least discuss it with you.

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While this is all true, I don't know too many who will refuse to meet or at least discuss it with you.

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I never said anything close to that.

Property boundary disputes, especially involving potential encroachments by a commercial neighbor like a hotel, can be complex under Mississippi law. Outcomes depend on specific facts, deeds, surveys, title history, any prior agreements or uses, and local ordinances. The person described should immediately consult a licensed Mississippi real estate attorney (ideally one experienced in boundary disputes and quiet title actions in Harrison County) before taking any significant steps. What follows is general information based on publicly available Mississippi law and Biloxi resources—they must get personalized professional advice tailored to their situation.
Key Elements from the Description
• You (the homeowner) closed on the property last fall (roughly fall 2025, assuming current timing).
• The disputed area was thought to be a “shared alley” adjacent to the hotel’s parking lot.
• The prior owner refused curb cuts and claimed ownership with a survey (but wouldn’t share it).
• Your new survey (done with City of Biloxi involvement) shows your property extends ~10 feet further, meaning most of the hotel’s parking lot encroaches on your land.
• The land was never vacated (per city/contractor), so the city and your team view it as unequivocally yours.
• City/contractor suggested presenting your survey to the hotel owner’s lawyer to discuss a settlement.
This appears to be a boundary/encroachment dispute rather than a classic adverse possession or prescriptive easement claim by the hotel (yet). The hotel’s parking use may have been open and longstanding, but since you just purchased, any potential prescriptive rights would likely tie back to prior owners or the hotel’s history of use.
Relevant Mississippi Law (General Overview)
• Boundary Disputes & Surveys: A professional survey coordinated with the city carries significant weight, especially if it aligns with historical records and the city confirms the alley was never vacated. Conflicting surveys (theirs vs. yours) often require negotiation or court resolution. Mississippi courts look at deeds, plats, monuments, and historical evidence. ?
• Encroachment Remedies: Common options include requesting removal of the encroaching improvement (parking lot paving/striping), negotiating a written agreement (e.g., license or easement for continued use in exchange for payment or curb access), or court action. Self-help (e.g., blocking access or removing improvements yourself) risks escalating conflict or liability. ?
• Adverse Possession: In Mississippi, someone can claim ownership after 10 years of actual, open, notorious, hostile/exclusive, and continuous possession (under claim of right). There are nuances, including rules about fences/driveways and disabilities. Since you just bought the property, the clock generally doesn’t favor the hotel starting now—but prior use by the hotel could complicate things if it meets the elements. Paying taxes on the disputed portion can also matter in some contexts. ?
• Prescriptive Easement: Similar 10-year test for a right to use (not own) the land (e.g., for parking/access). It requires the same adverse elements; permissive use doesn’t count. ?
• Quiet Title Action: This is a common chancery court proceeding in Mississippi to confirm ownership, remove “clouds” on title (like disputed claims or encroachments), and get a court order clarifying boundaries. It can resolve conflicting surveys and bind the parties. It often follows failed negotiations. ?
• Public vs. Private Alley: If the alley was never formally vacated by the city, and records show it as part of your parcel (or unvacated public right-of-way that reverted), this strengthens your position. Biloxi’s Land Development Ordinance addresses right-of-way/easement vacations and access standards, but the city has already weighed in via your survey process. ?
Biloxi has a Community Development Department (Planning/Zoning, Code Enforcement, Engineering) that handles these matters. Your coordination with the city is a good start—document everything (emails, conversations, survey details).
Is Presenting the Survey to Their Lawyer for Settlement the Best First Course?
Often yes, as a practical next step—many boundary disputes resolve through negotiation to avoid costly, time-consuming litigation. A polite, professional letter from your attorney (not you directly) enclosing the survey, referencing the city’s input, and proposing a meeting can:
• Put them on formal notice.
• Open discussion of options like: selling/leasing the strip to you, granting an easement for your curb cut (and possibly continued parking use), monetary settlement, or boundary line agreement.
• Create a paper trail showing you acted reasonably.
Pros of starting with settlement talks:
• Cheaper and faster than court.
• Preserves neighbor relations (though the prior “ape shite” reaction suggests tension).
• Avoids immediate escalation.
Cons/Risks:
• They may dig in, produce their own survey, or claim long-term prescriptive rights/adverse possession based on historical parking use.
• Delaying formal action could allow their use to continue (potentially strengthening any future claim by them, though 10 years is the threshold).
If they refuse to engage or negotiations stall, the next step is typically filing a quiet title or boundary dispute action in Harrison County Chancery Court, possibly with a request for injunctive relief (e.g., to stop further encroachment or require removal).
Other Steps They Should Consider (With Attorney Guidance)
1. Hire a Mississippi Real Estate/Boundary Dispute Attorney Promptly: Do not rely solely on city staff or your contractor for legal strategy. Look for firms handling Biloxi/Harrison County real estate litigation (e.g., those mentioning easements, encroachments, or quiet title). They can review your full title/deed, the survey, city records, and the hotel’s potential claims. Early involvement helps frame communications.
2. Document Everything: Keep records of all interactions (past owner, city, contractor, hotel). Get the survey certified and any city correspondence in writing. Consider a title search/update if not already done.
3. City Involvement: Follow up with Biloxi’s Community Development (Planning/Zoning at 228-435-6266 or relevant divisions) or Engineering/Public Works for any official records on the alley’s status, vacation history, or zoning/access requirements. Code Enforcement might address ongoing unauthorized use of your property, but this is secondary to boundary resolution. Do not assume the city will enforce on your behalf without clear violations.
4. Potential Additional Actions:
• Demand they cease using the encroaching area (via attorney letter).
• Explore whether the hotel needs permits for parking lot use that might now be impacted.
• If access is critical for your carport, discuss curb cut permits with the city after clarifying ownership.
• In rare cases, adverse possession or easement claims could be preempted with proper notice/filing, but that’s attorney territory.

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I actually read this entire post. At first I assumed it was all copy and paste but this is a great synopsis of the thread and well measure actionable plans. Thank you!

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My neighbor who is an attorney refused to answer, but that’s what I got from Grok.

I had to cut off part of it due to text limit, but I’d ask your question to it or other LLMs.

And who says lawyers aren’t also screwed by AI?

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so little is spent on real issues like this?

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Probably 50% of legal practice is stuff like this (true commercial lit, transactions) but it's not usually salacious so nobody cares or hears about it.