Will the Government prevent you from selling your industrial property? Possibly! In order to qualify for below market or free land, the city or county development commission will place restrictions on the ownership of the property. The Government usually requires a company to exist on the property for a number of years before it may sell the property. A clause in the deed can bring ownership of the property back to the Government if the property is not used by the original purchase for the specified period of time. This only makes sense from the Government’s standpoint. The Government offers the inexpensive land so private concerns will invest in and bring jobs to the community. Without the protection of the reversion clause, any company could acquire the land for close to free, and then sell the land at market price. When considering selling your industrial property, READ YOUR DEED and have your title checked by a reputable attorney.

Did you know the deed you own on your land is not proof of ownership of your land? The lawyers consider your deed only "evidence of title." There are multiple elements considered evidence of title an attorney will research before he or she will permit you to insure title on a piece of property.

Title searches on raw land can be arduous and complex. They involves lots of dead people...actually, it's what those people, now passed on, did with the land or the bigger chunk of land your land came from. A misfiled document in the 1950's, a break in the chain of title in the 1960's, or a way in which you held you property (tenants in common verses joint tenants with the right of survivorship for example), and your family situation, such as a death of a spouse or a divorce, could cause a "cloud on the title" which must be resolved before the title could be insured. Clearing a cloud on a title could be as simple as having an heir of one of those dead people sign a quit claim deed. Or, removing a cloud on title could involve news paper publications and a court hearing. A title search is relatively inexpensive at around $300, unless issues present themselves. An attorney will adjust his or her fees for any work needed to clear the title.

Limit Your Liability Against Future Claims on Title...for Free! Most property in Mississippi is signed over using either a General Warranty Deed or a Special Warranty Deed. The difference is huge. A General Warranty Deed, holds the seller, YOU, responsible for any and all title defects that occurred during and BEFORE you purchased your property. A Special Warranty Deed holds you responsible for actions on title only during the time you actually owned the property. So remember, if you're BUYING, you try to get a General Warranty Deed; if you're SELLING, you want to give a Special Warranty Deed.

Have your land surveyed. Did you know if your neighbor's fence is on your land for ten years and a day, they have a legal claim on the encroachment? Did you know that car path going through your property, if used for ten years and a day may not be able to be closed down? Did you know many land owners in Mississippi think they have access to roads, but a survey could show them otherwise? A survey performed by a licensed professional, like a title search, isn't an expense a seller should forgo to save $500 to $2,500. Like attorneys and title searches, it takes years of training and experience for a professional survey to produce a quality survey that will help defend you in court should that scenario ever come to pass.