Squatters In Mississippi

Squatters in Mississippi—those mysterious figures who move into abandoned or vacant properties—have long been a subject of curiosity and confusion. Many people wonder—and fear—how squatters sometimes claim legal ownership of the property they've occupied.  

Squatters’ rights exist in various forms across the United States, including Mississippi. The requirements for claiming these rights vary from state to state, making it essential to understand the specific laws in your area. The squatters rights Mississippi provides differ from those provided by other states’ real estate laws. 

While you can feel comforted that it is notoriously difficult for a squatter to fulfill all the requirements necessary to make a successful legal claim to your property, it never hurts to be prepared. In this article, we’ll cover Mississippi squatters rights and explain how Mississippi adverse possession laws work in this state. 

Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information. 

Overview 

• Minimum Occupation Required: N/A
• Property Taxes Required? N/A
• Color of Title Required? Yes

Who Are Squatters? 

A squatter is someone who occupies a property without legal ownership or permission from the property owner. They often move into vacant, abandoned, or neglected properties. Squatters could squat temporarily (e.g., for a few weeks) or for years at a time.  

Recently revised Mississippi law defines squatters as the following:

" (a) a trespasser who remains on the premises for a period of time; or (b) any person who was invited by a tenant, but remains on the premises after the tenant's rental agreement has ended. A squatter shall not have the same rights or eviction process as a tenant as defined in Section 89-7-1 et seq. and Section 89-8-1 et seq. The term "squatter" does not mean or include any person with heirship rights."

While the term “squatter” probably summons a certain image in your mind, it’s important to note that not all squatters have nefarious intentions. A squatter could be someone who thought they legally owned a property that has been passed down in their family over many generations, only to find out years later that the title officially belongs to someone else. 

Who Isn’t a Squatter? 

Not everyone who occupies or enters a property without permission of the property owner is a squatter. For instance, tenants with expired leases are not squatters. Rather, they are “holdover tenants,” or previous tenants who no longer have the right to live in the property. Likewise, trespassers are also not squatters. Criminal trespassers are people who enter onto your private property but do not live there, while squatters actually occupy and live on the vacant property. 

What Are Squatter’s Rights/Adverse Possession? 

Squatter's rights, also known as adverse possession, refer to the general legal principles that allow squatters to gain legal ownership of a property through a long period of possession, even without the permission of the property owner. While squatter’s rights might seem antiquated today, the principles of adverse possession were established to reward the productive use of land and discourage neglect of properties.  

There is no federal law governing squatter’s rights, but there are legal precedents for them in each state and laws governing some of the requirements to claim adverse possession. 

Mississippi Squatters Rights 

In Mississippi, squatters' rights look pretty different from most states. Recent amendments strengthened the rights of property owners and make it much harder for squatters to claim adverse possession.

In most states, squatters must meet five general requirements:

1. Hostile/Adverse Possession—The squatter must not have a valid lease or rental agreement with the owner.  

2. Actual Possession—The squatter must have actively lived in the property for a certain length of time.  

3. Open and Notorious Possession—The squatter’s possession of the property is open and obvious to neighbors or anyone else. They aren’t living there “in secret” or trying to hide their presence.  

4. Exclusive Possession—The squatter does not share possession of the property with anyone else. They prevent others from living there like property owners would.  

5. Continuous Possession—The squatter must hold continuous and uninterrupted possession of the property for a certain length of time (varies by state). 

However, Mississippi Code § 89-8-3 was amended in 2025 to specify that

"The provisions of this chapter shall not be construed to give rights to any person who trespasses or otherwise enters and/or remains on the property of another for any length of time without the landlord's knowledge or permission."

This essentially wipes the precedent set that squatters may claim adverse possession if they have resided on the property for a particular period of time—prior to the Real Property Owners Protection Act, this was 10 years. 

In some states, squatters are also required to have what’s called “color of title” to make a valid adverse possession claim. When someone has “color of title,” this means they have ownership of a property in a nontraditional way, or without having the legal title or deed to the property. 

How Does a Squatter Claim Adverse Possession / Squatters Rights in Mississippi? 

For a squatter to claim adverse possession in Mississippi, they must notify the local court within 3 days that they wish to contest the sworn affidavit filed against them. This sworn affidavit is filed by the property owner or their representative, and is issued by the local court if the property owner wishes to evict a squatter.

Note, however, that just because a squatter contests the affidavit, this does not mean they will be successful. Typically, squatters must have some form of documentation proving them to be the owner of the property. Squatting laws in Mississippi do not apply to heirship rights, so heirs to the property may also win the right to stay with this defense.

If the owner of the property (or the owner's defendant) supplies a deed with their name on it, then the judgement is generally ruled in their favor. The Real Property Owners Protection Act states that:

"If the owner filed the complaint and presents a certified copy of the deed that shows him or her as the owner of record, the court shall declare the person who is the subject of the affidavit a squatter and issue a judgment of possession in favor of the owner..."

Mississippi laws surrounding squatters are generally much stricter than that of other states. The court may also rule in the squatter's favor if they can provide substantial evidence to justify their occupancy—which tends to be rare.

As you can see, a squatter has an enormous burden of proof when claiming ownership of your property. It is a highly complex process that often requires the squatter to hire an attorney and to have lived in your property for many years. In all likelihood, a squatter situation you’re involved in won’t escalate to a successful action to quiet title. 

How to Remove a Squatter in Mississippi 

In July of 2025, Mississippi's Real Property Owners Protection Act dramatically altered both squatters' rights and the procedure for removing squatters. In Mississippi, unlike most other states, removing a squatter does not require the full eviction process. Squatters in Mississippi now have extremely limited rights and have very little legal standing, making adverse possession almost nonexistent.

If you suspect that a squatter is occupying your property, you may be able to get them removed in a matter of days. Here is an overview of the revised process for removing Mississippi squatters:

1. The owner must file a sworn affidavit with the local law enforcement agency, which will contain the property's address, the name and address of the person filing (and whether they are the owner or an agent of the property), and any documentation supporting the affidavit of squatting.

2. The local law enforcement will then issue a citation upon the squatter, which gives them 24 hours to vacate the property willingly, unless they wish to contest the allegation in court. 

3. If the squatter wishes to contest the allegation in court, they must notify the court within 3 days of receiving the sworn affidavit.

4. Squatters who refuse to leave within 24 hours or who fail to inform the court within 3 days will be subject to immediate removal from the property by law enforcement without a warrant for removal.

5. If the squatter properly notifies the court, the hearing will be set no later than 7 days after the court is informed of the squatter's contestation. Both parties will then submit any evidence they have and will plead their case. 

6. If a judgement to vacate is granted, the judge will order the squatter to vacate within 24 hours of the judgement (unless they pose an immediate risk to the property or others, in which case the order may be sooner). Refusal to vacate subjects the squatter to immediate removal from the property by law enforcement via a warrant for removal.

Remember that by Mississippi law, landlords cannot remove squatters—you must call the local law enforcement, who have the appropriate jurisdiction to remove the squatter. 

How to Prevent Squatters from Living in Your Vacant Mississippi Property 

Here are a few practical tips all property owners should take to prevent squatters from moving into vacant property: 

• Regularly inspect your property. 
• Make your property appear inhabited during vacancy periods. 
• Install adequate lighting and security systems to deter unauthorized entry. 
• Secure all doors, windows, and access points with sturdy locks and barriers. 
• Post "No Trespassing" signs on the property. 
• Encourage neighbors to report any suspicious activity. 
• Consider hiring a property management company to oversee and maintain the property. 
• If feasible, keep the property in use, even if temporarily, to discourage squatting. 
• Develop a good relationship with local law enforcement and notify them of the property's vacancy to increase patrols and response to trespassing. 

Conclusion 

Knowledge is indeed power when it comes to understanding the laws that regulate property possession and ownership. However, it's worth noting that adverse possession laws are unlikely to come into play in most cases. Property neglect to the extent that a squatter could go unnoticed for the required period is rare, emphasizing the importance of vigilance and preventative measures in protecting property rights. 

FAQs

What must I show in court if the squatter contests my affidavit?

Landlords should provide a certified copy of the deed showing they are the owner. This usually results in a judgment in the owner's favor.

Can Mississippi landlords personally remove a squatter from the property?

No. Only local law enforcement may physically remove a squatter, even after you win a court judgment.

What happens if a squatter ignores a court order to vacate?

Law enforcement may immediately remove them using a warrant for removal, with no further warning required.

How have Mississippi laws changed regarding squatters’ rights?

The Real Property Owners Protection Act (2025) removed most squatter protections, sped up the removal process, and greatly strengthened property owners’ rights.

Are holdover tenants or trespassers considered squatters?

No. Holdover tenants are former renters whose leases expired. Trespassers enter property without intent to live there. Neither group meets the legal definition of a squatter.

Are squatters considered tenants under Mississippi law?

No. Squatters do not have the same rights or eviction protections as tenants under Mississippi law, per the Real Property Owners Protection Act.