MS HB1086

Authorizes courts to discretionarily order joint tenants, tenants in common, coparceners, or other persons on disputed land to leave the property and remove their possessions, with sheriffs able to enforce removal if they fail to comply.

Creates new Section 11-21-77.1 allowing courts to order tenants in common or other persons with possession or control of property in partition disputes to return the property or separate themselves from it, with sheriff enforcement if necessary.

Gives the party filing a partition action discretion to decide whether uniform heir property provisions (Chapter 91-31) apply, rather than requiring automatic application when heir property is identified.

Amends existing partition statutes (Sections 11-21-77 and 91-31-15) to conform with new court authority regarding removal of persons from land in partition disputes.

Effective date: July 1, 2024.