09/29/2026
Mississippi adverse possession is not all-or-nothing. A claimant generally must prove six elements — claim of ownership, actual or hostile possession, open and notorious use, continuous possession for ten years, exclusivity, and peaceful use — and must prove each by clear and convincing evidence. See Miss. Code Ann. § 15-1-13(1). Meeting that burden for a built structure over a line does not automatically prove the same claim for a driveway, yard, or mobile-home area, especially where use may have begun with permission.
On September 22, 2026, the Mississippi Court of Appeals (en banc) decided Fitzpatrick v. Faulkner, No. 2025-CA-00252-COA. On direct appeal the court affirmed in part, reversed and remanded in part; on cross-appeal it affirmed. It upheld adverse possession as to a home expansion and shed, reversed as to the driveway, yard, and mobile-home area for want of clear-and-convincing proof, and remanded for corrected property-boundary drawings. A partial dissent would have denied adverse possession entirely.
This summarizes a published opinion. It is general information about Mississippi real-property procedure, not advice about any boundary, survey, or claim.
Aertker Legal, L.L.C. — Covington, Louisiana — Stephen C. Aertker, Jr.
This post is general information about Louisiana law, not legal advice, and does not create an attorney-client relationship. Every situation is different. Consult a licensed attorney about your specific circumstances.
Aertker Legal, LLC is licensed in Louisiana and Mississippi. Laws differ by state.
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