Many real and personal property disputes in the Biloxi area occur because of misunderstandings about (or ignorance of) the property line and fencing laws in Mississippi.
Jointly owned fencing, for instance, is the subject of many court cases every year in the state.
Understanding property boundaries and your rights and responsibilities concerning the relevant land laws is essential to prevent potentially costly and stressful legal issues with neighbors.
Whether it’s placing a new fence, removing an old one or chopping down a tree on the boundary, the local rules must be obeyed. Here’s an overview of what you need to know about property line and fencing laws in Biloxi.
Property line and fencing laws overview
Let’s first take a look at the relevant laws in Mississippi—in particular, in four areas that frequently cause disputes: fence maintenance, dividing lines, fence removal, and cutting down trees.
What are local fencing regulations in Biloxi, Mississippi?
In addition to the Mississippi state laws on property lines and fencing, each city has its own set of boundary and fencing rules and regulations.
The City of Biloxi is no exception, with its own Code of Ordinances and Land Development Ordinance, which are published online. A searchable database of local Biloxi laws allows you to check local property line and fencing regulations in the city.
For instance, Biloxi’s local rules on fencing control the height, placement, and materials used to construct a fence or wall on a property in the city.
Contributing to and maintaining a boundary fence in Mississippi
As we have seen, a fence placed on a boundary line between properties in Mississippi is known as a “party” fence.
Ultimately, jointly owned fences require the consent of both parties for any changes to be made—and herein lies the essence of the problem. Often, people don’t agree on what to do and/or act alone without the consent of the other party.
As the joint property of both landowners, an equal contribution from both parties is required for fence maintenance—known as “shared maintenance”. In Mississippi, this rule even applies to long-term tenants who have been living in the property for two years or longer.
If you don’t want such a shared arrangement for maintaining a property fence, you need to build a fence—with a buffer of land between the fence on the adjoining land.
If you inform your neighbor that you intend to construct your own fence, you have 60 days to begin construction or it is presumed under Mississippi law that you have abandoned the plan.
Trees along property lines in Mississippi
In addition to the state laws about cutting down or removing trees in Mississippi, property owners have certain rights concerning trees that grow along property lines.
For instance, property owners can remove branches from a neighboring property owner’s tree if they encroach on their land—but cannot trim past their property line.
Tree owners must maintain their trees, remove dead growth, and follow the relevant city ordinances about trees as well as state laws.
What are the main remedies for encroachment?
If a neighbor places a structure that intrudes on (or over) your land in Mississippi, it’s best to seek legal advice before acting.
There are generally four options to consider:
- Provide a written agreement for the use
- Request the removal of the encroaching structure
- Get a survey of your property
- File an action in court
For property line and fencing issues in the Biloxi area of Mississippi, contact an experienced real estate lawyer at Rushing & Guice, PLLC for legal advice and assistance.
