Real estate disputes are among the most consequential legal conflicts a property owner can face. Whether the issue involves a disputed boundary line, a contested easement, a title defect that clouds your ownership, or a landlord-tenant matter that has escalated beyond negotiation, the outcome affects property rights that may have taken years to acquire and that can be difficult or impossible to recover once lost. At Tollison & Webb P.A., we represent property owners, landlords, tenants, and other parties in real estate disputes throughout North Mississippi in both state court and Chancery Court proceedings.

Real Estate Dispute Practice Areas

Boundary Disputes

Boundary disputes arise when neighboring property owners disagree about the location of a property line. These conflicts can stem from inaccurate surveys, inconsistent legal descriptions in deeds, historical use of land that differs from recorded boundaries, or simply longstanding disagreements that have never been formally resolved. The stakes are real. A disputed boundary line can affect the value, use, and enjoyment of property on both sides. We represent property owners in boundary disputes, working with surveyors and title records to establish the correct legal boundary and pursuing resolution through negotiation or litigation as the circumstances require.

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Easement Disputes

An easement is a legal right to use another person’s property for a specific purpose, such as a right of way across a neighbor’s land or access to a utility line. Easement disputes arise when the existence, scope, or use of an easement is contested. Common issues include whether an easement was properly created, whether it has been abandoned or extinguished, whether the holder is using the easement in a way that exceeds its scope, and whether an easement that was never formally recorded has been established through long-term use. We handle easement disputes on both sides, representing property owners defending against easement claims and parties seeking to establish or enforce easement rights.

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Title Disputes

A title dispute arises when the ownership of real property is unclear, contested, or encumbered by a claim that affects the ability to sell, finance, or use the property. Title issues can stem from errors in prior deeds, competing claims of ownership, undisclosed liens, fraudulent conveyances, and a range of other problems that surface in the chain of title. We represent clients in quiet title actions and other proceedings to establish clear ownership, resolve competing claims, and remove clouds on title that are preventing a sale or refinancing.

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Landlord-Tenant Disputes

Disputes between landlords and tenants are a common source of real estate litigation in North Mississippi, covering matters including eviction proceedings, security deposit disputes, lease enforcement, habitability claims, and damages for breach of a lease. We represent both landlords and tenants in these disputes, handling eviction proceedings in Justice Court, lease enforcement actions, and claims for damages arising from lease violations on either side of the relationship.

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Partition Actions & Heirs Property

When real property is owned by multiple people who cannot agree on what to do with it, a partition action allows a co-owner to ask the court to either physically divide the property or order it sold and the proceeds distributed among the owners. Heirs property, meaning land passed down through a family without a formal estate administration or clear title, is a particularly common source of partition actions in North Mississippi. We represent co-owners in partition proceedings and advise families on how to resolve heirs property situations before they reach the courthouse.

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Which Court Handles Real Estate Disputes in Mississippi?

Real estate disputes in Mississippi are handled in different courts depending on the nature of the claim. Chancery Court has jurisdiction over equitable matters including quiet title actions, easement disputes, partition actions, and most boundary disputes. Circuit Court handles legal claims including fraud and breach of contract. Justice Court handles landlord-tenant eviction proceedings at the local level. We practice in all of these courts and advise clients on the appropriate forum for their specific dispute from the outset.

Frequently Asked Questions

How are real estate disputes typically resolved in Mississippi?

Many real estate disputes resolve through negotiation or mediation before reaching trial, particularly boundary and easement matters where both parties have an ongoing relationship as neighbors. When early resolution is not possible, we pursue litigation efficiently and work to achieve the best outcome at the lowest reasonable cost. Some disputes, particularly those involving clear title defects or established legal rights, can be resolved relatively quickly once the legal issues are properly framed and presented to the court.

Do I need a survey before pursuing a boundary dispute?

In most cases, yes. A current survey by a licensed Mississippi surveyor is the foundational evidence in a boundary dispute and is almost always necessary before filing a legal claim. We work with surveyors regularly in these matters and advise clients on what type of survey is needed and how to use the survey evidence effectively in litigation.

What is a quiet title action?

A quiet title action is a lawsuit filed in Chancery Court to establish clear legal ownership of a piece of property and eliminate competing claims or title defects. The name comes from the concept of quieting, or resolving, any challenges to the title. A successful quiet title action results in a court judgment that establishes the plaintiff’s ownership and is recorded in the property records, clearing the title for future sales or financing.

What if I discover a title problem after buying property?

The appropriate response depends on the nature of the problem and whether you have title insurance. If you have title insurance, your first step is to notify your title insurer, which is obligated to defend covered title claims and may pay to resolve them. If you do not have title insurance or the problem is not covered, a quiet title action or other legal proceeding may be necessary to resolve the defect. We advise clients on their options when title problems surface after a purchase.

Contact a Real Estate Dispute Attorney in North Mississippi

If you have a real estate dispute in Oxford, Lafayette County, or anywhere in North Mississippi, contact Tollison & Webb P.A. to schedule a consultation.

Call (662) 234-7070 or contact us online.