MS Bar MS Bar Property Law 1 — Questions and Answers
Question 1: Under Mississippi law, what is the statute of limitations for adverse possession?
- 5 years
- 7 years
- 10 years (Correct answer)
- 21 years
Correct answer: 10 years
Mississippi requires 10 years of open, notorious, hostile, and continuous possession to establish an adverse possession claim.
Question 2: In Mississippi, a deed must be recorded in which office to provide constructive notice?
- The circuit clerk's office
- The chancery clerk's office (Correct answer)
- The county assessor's office
- The probate court
Correct answer: The chancery clerk's office
In Mississippi, deeds and other conveyances must be recorded with the chancery clerk to provide constructive notice to subsequent purchasers.
Question 3: Mississippi follows which type of recording act for real property?
- Race statute
- Notice statute
- Race-notice statute (Correct answer)
- Period-of-grace statute
Correct answer: Race-notice statute
Mississippi follows a race-notice recording statute, requiring a subsequent purchaser to both record first and take without notice of prior interests.
Question 4: Under Mississippi law, which form of co-ownership includes the right of survivorship by operation of law without express language?
- Tenancy in common
- Joint tenancy
- Tenancy by the entirety (Correct answer)
- Community property
Correct answer: Tenancy by the entirety
In Mississippi, tenancy by the entirety between spouses carries survivorship rights by operation of law.
Question 5: In Mississippi, which doctrine allows a court to reform a deed that fails to reflect the true intent of the parties due to a mutual mistake?
- The Statute of Frauds
- Equitable reformation (Correct answer)
- Promissory estoppel
- Adverse possession
Correct answer: Equitable reformation
Equitable reformation permits a court to correct a deed that does not reflect the parties' true intent due to mutual mistake.
Question 6: Under Mississippi law, a mortgage is best classified as which type of instrument?
- A title-theory instrument transferring legal title to the lender
- A lien-theory instrument giving the lender a security interest (Correct answer)
- A deed of trust requiring a trustee
- A quitclaim deed
Correct answer: A lien-theory instrument giving the lender a security interest
Mississippi is a lien-theory state, meaning a mortgage creates a lien on the property rather than transferring title to the lender.
MS Bar MS Bar Property Law 1
Under Mississippi law, what is the statute of limitations for adverse possession?