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How to Access Property Records in Mississippi

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Mississippi has 1,332,577 housing units and 2.9 million people, which means tons of property records. Mississippi property records are vital to the real estate market, local government, the state, and homeowners. They are created by realtors, title companies, attorneys, local government offices, and even private companies. They often come into play during real estate sales and other situations. You have two primary sources of property records: government and commercial.

Government Sources

Property records are not held with the same government agency. They are scattered throughout the state with local offices, the courts, private companies, realty and title companies, and others. If you need to file a new deed, you must visit the local county chancery clerk. These offices are responsible for maintaining all land records and related documents. If you need to pay your tax bill, you should visit the local county tax collector's office. The Mississippi Department of Revenue oversees all local tax collectors. Building permits are handled at the town/city level. For example, if you live in Jackson, MS, you would visit the Permit Division of the Department of Planning and Development.

Many states, like Mississippi, archive their older land and property records when they become too massive. The Mississippi Department of Archives and History is the government office in charge of older property records. To learn more about their services and these records, visit their website.

Online

Many of the chancery clerk's offices have websites where you can access records. To help get you started, here are a few of the county chancer clerk's websites.

In Person

One responsibility of the chancery clerk is to provide records upon request. Because property records are public records, anyone can review them anytime. The public has the right to request copies of any public property records during regular business hours.

The trick to finding what you need is locating the right chancery clerk in Mississippi. You can do that by consulting each county chancery clerk's comprehensive list.

Commercial Sources

Commercial services make it easy to find property and related records quickly and easily, saving you much time. When signing up, you may also receive access to records beyond what is present in public records. PropertyChecker.com offers nationwide property searches. Using PropertyChecker, you can search by property address, parcel ID, owner's name, phone, or email, and you can save time by running unlimited statewide or local searches 24/7. Instead of visiting multiple websites or running around to local government offices, you can find all the data points you need in one comprehensive report.

What Information Can You Find in Mississippi Property Records?

A property history search and unearth a lot of detailed information about a property, its history, historical owners, and more. You might find more details than you expected when reviewing property records in Mississippi.

Some of the things that a property history search may reveal include:

  • Liens
  • Tax Records
  • Ownership History
  • Mortgage / Loan Records
  • Foreclosures
  • Plat Maps
  • Easements / Conveyances
  • Property Details
  • Zoning
  • Building Permits
  • Boundary Lines
  • Assessed Values
  • Deeds
  • And More!

What Are Property Records?

What Are Property Records?

Property records in Mississippi are documents, forms, and reports that contain information about real property and its owners. They cover a wide variety of topics. Some perform functions like deeds, which transfer property ownership, and building permits, which allow someone to build new construction, renovate, or demolish a building.

In Mississippi, land records primarily refer to state-owned and public land. The Mississippi Secretary of State maintains land records. On the other hand, property records refer to a much broader scope of records containing more details about residential and commercial land.

Types of Property Records in Mississippi

Property records come in different shapes and sizes. Each type performs a function that is purely informational or has some other purpose. Realtors, attorneys, title companies, the courts, and local government officials create, file, record, and maintain property records. The different types you will come across in Mississippi are as follows:

Deeds and Conveyance Records

Deeds are the most common type of property records. Most people will have heard of them. They transfer ownership of real property and validate homeownership after being recorded with the local government. Your deed to your house is a very important document that you must always keep safe.

All parties must sign deeds, and a notary must witness them. Some of the information contained in deeds includes:

  • Name of the Seller/Grantor and Buyer/Grantee.
  • A detailed description of the property.
  • Maps and plats along with boundaries and sometimes surveys showing the acreage and edges of the property.
  • Conveyance language explaining the ownership transfer from one person or entity to another.
  • Notarization and execution are at the bottom, where everyone signs to make it legal.

Much of the language contained in deeds refers to the warranty implied or specified and the conveyance of the land from one or more parties to another.

Property Tax Records

Everyone who owns property must pay property taxes. They pay for local services like police, fire, emergency, road maintenance, schools, etc. The local county tax collector sets tax rates and collects bills. If someone fails to pay their annual property taxes, the county may put a lien on the property and eventually sell it in foreclosure.

Mississippi has a relatively low average effective property tax rate of 0.75%. That means that many homeowners pay an average of $1,097 per year in property taxes.

The following information is present in a Mississippi property tax record:

  • Tax or Mill Rate -The document will show the area's tax rate or the mill rate (the amount taxed based on assessed value) applicable to the property. It may also indicate the property's tax class.
  • Assessed Value - The record will show the property's assessed value as determined by the local assessor.
  • Tax Calculations - The assessor may include the tax calculations or indicate what taxes apply to the property.
  • Tax Exemptions - The document may show the exceptions that apply to the property and how the assessors deduct them.
  • Payment Details - The record will indicate the property tax due and provide a history of payments. It may also provide the property owner with details on how to make payments.

How Often is Property Tax in Mississippi Assessed?

Legislation requires tax assessors to revalue real property at least once every four years. As is in most states, the assessment process is conducted by officials of the tax assessor's office at the county level. So, if a property is in Winston County, then Winston assessors will conduct the assessment to determine the property's actual value. The assessment process often goes as follows:

  • Valuation - The assessor determines the property's value by considering factors such as the sale of comparable properties, how much the property earns or could earn, its location and size, the cost of making improvements, and its condition. The assessor must account for differences before determining the actual fair market value.
  • Assessment Notice - The assessor's office sends a notice to the property owner with details of the actual value determined by the assessor. The notice may also indicate the property's class assessment ratio and, thus, its taxable value.
  • Review and Appeal - Property owners have the right to review and appeal the assessment if they believe it is inaccurate or unfair. The appeal procedure varies by county, but property owners should generally submit a written appeal to the county assessor's office. After the appeal, the assessor's office determines the finalized value and prepares the property owner's tax bill.

Building Permits and Regulations in Mississippi

If you want to renovate your home or add an addition, you must obtain a building permit first. These are handled at the town/city level, and you must contact the local county building permit department to apply. For instance, if you live in Jackson, Mississippi, you can find out everything you need to know on their website.

Property Liens and Encumbrances in Mississippi

Liens are encumbrances that can negatively affect a property. Since they are public records, anyone may see them. If a homeowner has many liens, it could affect their financial reputation and lower the property's value. There are two main types of property records: voluntary and involuntary.

Voluntary Liens

Voluntary liens are those within your control. You choose to allow a bank or lender to place a lien on your property in return for the funds to buy your home or cash in on some of the equity in your home. Even though you choose voluntary liens, you can still lose your home in foreclosure if you fail to honor the loan terms.

  • Mortgage Liens - Mortgage liens are very common. When you take out a mortgage to buy your home, you agree to allow the lender to place a lien on the property. Then, if you default on your loan, the lender can foreclose and sell the property to get their money back.

    Mortgage documents may differ depending on the details. However, they should contain key information such as:

    • Loan Terms - The document will specify the loan terms, including how long it will be in effect, the frequency of payments, and other vital details.
    • Lender Details - The record will show information about the lender, including the organization's name, contact details, and other relevant information.
    • Property Details - The record will outline the property's details under the mortgage. It may include a physical address, a legal description, and any improvements on the property.
    • Loan Interest Rate - The document should highlight the loan's interest rate and, thus, the due amount.

Involuntary Liens

Involuntary liens are not within your control. They are imposed on your property against your will when you owe a debt and fail to pay. These types most often lead to foreclosure and the loss of your home. They also sully the owner's reputation and lower the house's value.

  • Mechanic's Liens - When you fail to pay someone who performs work at your home, like a contractor, sub, architect, laborer, or landscaper, they can file to put a mechanic's lien on your property so that when you sell the house, they will get paid.
  • Tax Liens - The county can place a tax lien on your property if you don't pay your annual property taxes. If you do not resolve the issue, they will eventually foreclose and sell your home at auction.
  • Judgment Liens - Creditors use judgment liens to collect debts from you. If you owe a company a lot of money, they may place a lien on your property and then sue you in court. If they win, they can foreclose and sell the home to get paid what you owe them.

Easements and Covenants

Easements and covenants also appear in property records. They are essential information. Easements are rights of way that allow someone other than the owner to enter the property and use it (according to specific rules) without the owner's consent. An example would be a utility company with poles or towers on private land. The company can access the towers to maintain them without first asking the owner. The new owner must abide by this same rule if the land is sold.

Covenants are rules about how the land or buildings can be used. They are common in condo developments and gated communities, where all the residents agree to a set of rules. An example rule might be no pink flamingos on anyone's lawn.

Plats and Surveys

Plats and surveys are both types of maps. Plats show the boundaries of all neighboring properties, whereas surveys show only the boundaries of the target property. Plats and surveys often accompany deeds.

Types of surveys in Mississippi include the following:

  • Boundary Surveys - A boundary survey aims to identify a property's boundaries. It is often done before construction, aiding any development plans for the property.
  • Easement Survey - Easement surveys are often conducted before purchasing a property. The survey identifies any easements affecting the property that could affect use and value.
  • Topographic Land Surveys - Topographic land surveys identify the various features and elevations of the land. They are often necessary for developing a project.
  • Commercial Boundary Surveys - These are conducted on commercial properties before purchase or development to determine their boundaries.

Property Descriptions and Boundaries in Mississippi

Every piece of real property has a legal property description. This description will have map coordinates and a written description with natural landmarks so anyone can find it. These legal descriptions appear on deeds, mortgages, appraisals, and other property records.

Surveys are special operations that measure land and provide maps with specific boundaries. They usually accompany deeds and are created before new construction and during the installation of underground utilities. They are also used in boundary disputes.

A boundary dispute occurs when someone believes their neighbor is encroaching on their land. These disputes can get heated and sometimes end up in court, with a judge deciding where the boundaries lie. The parties will hire professional surveyors to measure the land and provide accurate boundaries to resolve the conflict.

Foreclosures

Foreclosures appear in public property records. Most buyers shy away from buying a house in foreclosure because it can be more complicated and harder to satisfy all the liens. Additionally, the value of a foreclosure home will be less than the fair market value due to the additional hassles.

Pre-foreclosure homes are in the process of foreclosure but have not yet been sold at auction. Many investors look for these homes and offer homeowners a way out by buying them and paying off the debt. They then sell them for a profit.

Understanding Property Ownership in Mississippi

It's a wonderful feeling to own your own home. But home ownership comes with some serious responsibilities, like paying your mortgage, interest, and taxes. You also must maintain the property to retain its value. Remember, as a homeowner, your name will appear in public property records.

If you need to find the name of a homeowner, it's easy to do. Contact the local county chancery clerk in the county where the property is and ask to see the latest deed. That will give you the name and address of the current owner.

You can find out easily if you want to know when a specific house was built. Contact the Mississippi county chancery clerk and ask to see the first building permit that approved its origins. You will have the date it was first built.

Ownership History Records

Real property most often changes hands through real estate sales. However, sometimes, a person receives property through a will or gift. Some homeowners sign over the deed to their homes to pay off a debt.

What is a Chain of Title?

The chain of title is the whole list of all owners of a specific property. The chain of title is documented through deeds, and there is never a break. Someone always owned the property, even if they didn't know it.

Buying and Selling Property in Mississippi

Buying and Selling Property in Mississippi

Property records are central to real estate sales. Before the sale, many players use property records to research information and gather all the facts. More records, such as inspections, insurance binders, appraisals, and a new deed, are created during the process.

Before buying property in Mississippi, you should always perform a thorough property history search to find out all you can about the property. Look for the value, taxes, and any liens or foreclosures. Use property records to fill in any blanks.

By law, when selling property in Mississippi, you must inform potential buyers about material defects, such as a leaky roof, broken HVAC system, or crumbling foundation. The buyer must be able to make an informed decision. You can use property records to find out anything you don't know.

You must purchase title insurance if you buy a house with a mortgage. It protects you and the lender from any legal claims on the property after the sale. Your title company rep or attorney will perform a property title search, looking for any title defects beforehand to avoid any mishaps with the sale.

Why Property Values Are Important in Real Estate Transactions

Property values can change on a dime based on the economy, the local real estate market, and inflation. Interest rates and other factors also affect property values. The fair market value (FMV) is the yardstick used by realty professionals to measure homes against each other and is the figure that the house would sell for in the current market.

Assessments and appraisals are both methods of determining a property's value. Local tax officials use assessments to determine value. These figures are used to set tax rates and ensure that every homeowner pays their fair share. However, they do not always match the home's fair market value.

Appraisers determine property values in several ways. They create an appraisal report detailing their findings and comparing the target home with others sold in the area. Appraisals are also used for estate planning and by banks to lend money to borrowers.

What Factors Determine Property Values in Mississippi

Several factors can influence property values in Mississippi, resulting in high values in some areas. They include the following:

  • Coastal Influence - Mississippi has a coastal region, meaning some areas fall along the Gulf of Mexico. These areas may have higher property values because of their proximity to beaches, stunning views, and water-based recreational activities. Alternatively, proximity to a large water body can pose potential risks, such as hurricanes and flooding, which may lower property values.
  • Location - The location of the property may affect values. For example, thriving urban centers like Biloxi and Jackson may have higher property values. Similarly, proximity to good school districts, recreational activities, and shopping centers may influence property values.
  • Historical Significance - Properties with historical significance in the state, such as antebellum homes or sites related to significant events, may have higher values.
  • Size and Condition - Property size and condition often influence property value. Homes with modern amenities often have higher property values; the same applies to well-maintained homes. The size of a house may also affect its value, it may be higher for the space or lower to compensate for maintenance costs.

Maintaining and Amending Mississippi Property Records

The courts have their own system of recording and filing all documents that they receive. When a new document comes in, the clerk stamps it with the date and time and assigns it a unique identifier so they can easily find it later. Once filed, the document becomes a public record. Many courts put their records online for easy access.

Property records are valuable, and you must keep yours up to date. The government office that holds them will not know to do it automatically. It's up to you to take action to see that they are adequately maintained.

Property records sometimes contain errors; you may not notice them until later. As soon as you do, contact the agency that holds the record and ask them to fix it. You may have to supply source documentation to prove the error.

You may also need to update property records when someone dies. Bring the death certificate and will to the chancery clerk, and they will create a new deed in the new owner's name. That new owner must be there to sign and notarize their signature.

If you get married, divorced, or change your name for other reasons, you will want to update your property records. Bring the court paperwork verifying your new name (divorce decree, marriage certificate, etc.) to the courts and ask them to update the records.

The Role of the County Chancery Clerk

Lafayette County Courthouse Oxford Mississippi

The chancery clerk's office is part of the court system, and each county has one. These offices are responsible for "attending all sessions of chancery court and keeping all minute books in which records and directions of the judge and proceedings of the court are kept. They must record and preserve all land records recordable in the county. Such records include deeds of trust, mortgages, mineral leases, and plats of land surveys. The clerk also receives all bills, petitions, motions, accounts, inventories, and other papers and reports on behalf of the county. The chancery clerk serves as clerk for the board of supervisors and must attend all meetings of the board of supervisors and record the minutes of the board. The clerk is also responsible for preparing the docket of claims. The claims docket is a list of all claims or financial demands against the county".

How to Ensure Data Privacy for Property Records

Property records are public; therefore, anyone can obtain and review them anytime for any reason. Owner's information does show up in public property records. You can access public property records online or in person at the local county chancery clerk's office. Some counties also have their records online.

Property records are public for two reasons. First, they preserve the public chain of title of every property owner. Second, they prevent any one government office from gaining too much power over the people in its jurisdiction.

You cannot remove all your information from public property records, but you can try to minimize your exposure to avoid identity theft and fraud. Contact any agency of office that holds your records and request that they remove everything beyond your name and address. You don't want your email address or phone number showing up online.

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