reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 3 - ACKNOWLEDGMENTS (§§ 89-3-1 — 89-3-9) › Section 89-3-3 - and 89-3-5 - [Repealed]

Codes, Hutchinson's 1848, ch. 42, arts. 1 (1), 5 (3), 6 (1); 1857, ch. 36, art. 28; 1871, § 2310; 1880, § 1217; 1892, § 2464; 1906, § 2798; Hemingway's 1917, § 2299; 1930, § 2136; 1942, § 857; Laws, 1988, ch. 347, § 2, eff. 7/1/1988.
Repealed by Laws, 2020, ch. 382, HB 1156,§ 36, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 3 - ACKNOWLEDGMENTS (§§ 89-3-1 — 89-3-9) › Section 89-3-9 - through 89-3-15 - [Repealed]

Codes, Hutchinson's 1848, ch. 42, arts. 1 (13), 6 (1); 1857, ch. 36, art. 29; 1871, § 2312; 1880, § 1219; 1892, § 2466; 1906, § 2800; Hemingway's 1917, § 2301; 1930, § 2138; 1942, § 859; Laws, 1948, ch. 227, § 1.
Repealed by Laws, 2020, ch. 382, HB 1156,§ 38, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 5 - RECORDING OF INSTRUMENTS (§§ 89-5-1 — 89-5-113) › Article 1 - GENERAL PROVISIONS (§§ 89-5-1 — 89-5-47) › Section 89-5-1 - Recording instruments; conveyances, acknowledgment, priority

Except as provided by Sections
89-5-101
through
89-5-113
, a conveyance of land shall not be good against a purchaser for a valuable consideration without notice, or any creditor, unless it be lodged with the clerk of the chancery court of the county in which the lands are situated to be recorded; but after filing with the clerk, the priority of time of filing shall determine the priority of all conveyances of the same land as between the several holders of such conveyances.
Codes, Hutchinson's 1848, ch. 42, art. 1 (1); 1857, ch. 36, art. 19; 1871, § 2304; 1880, § 1209; 1892, § 2454; 1906, § 2784; Hemingway's 1917, § 2288; 1930, § 2146; 1942, § 867; Laws, 1924, ch. 239; Laws, 2011, ch. 364, § 9; Laws, 2011, ch. 538, § 3, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 5 - RECORDING OF INSTRUMENTS (§§ 89-5-1 — 89-5-113) › Article 1 - GENERAL PROVISIONS (§§ 89-5-1 — 89-5-47) › Section 89-5-3 - Conveyances, mortgages; void if not lodged for record

Except as provided by Sections
89-5-101
through
89-5-113
, all bargains and sales, and all other conveyances whatsoever of lands, whether made for passing an estate of freehold or inheritance, or for a term of years; and all instruments of settlement upon marriage wherein land, money, or other personalty should be settled or covenanted to be left or paid at the death of the party, or otherwise; and all deeds of trust and mortgages whatsoever, shall be void as to all creditors and subsequent purchasers for a valuable consideration without notice, unless they be acknowledged or proved and lodged with the clerk of the chancery court of the proper county, to be recorded in the same manner that other conveyances are required to be acknowledged or proved and recorded. Failure to file such instrument with the clerk for record shall prevent any claim of priority by the holder of such instrument over any similar recorded instrument affecting the same property, to the end that with reference to all instruments which may be filed for record under this section, the priority thereof shall be governed by the priority in time of the filing of the several instruments, in the absence of actual notice. But as between the parties and their heirs, and as to all subsequent purchasers with notice or without valuable consideration, said instruments shall nevertheless be valid and binding.
Codes, Hutchinson's 1848, ch. 42, art. 1 (2), (3); 1857, ch. 36, arts. 20, 21; 1871, §§ 2303, 2306; 1880, §§ 1211, 1212; 1892, §§ 2456, 2457; 1906, §§ 2786, 2787; Hemingway's 1917, §§ 2290, 2291; 1930, §§ 2143, 2147; 1942, §§ 864, 868; Laws, 1924, ch. 239; Laws, 2011, ch. 364, § 10, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 5 - RECORDING OF INSTRUMENTS (§§ 89-5-1 — 89-5-113) › Article 1 - GENERAL PROVISIONS (§§ 89-5-1 — 89-5-47) › Section 89-5-5 - Priority of all instruments, and notice thereof controlled by date of filing for record; take effect, when

Every conveyance, covenant, agreement, bond, mortgage, and deed of trust shall take effect, as to all creditors and subsequent purchasers for a valuable consideration without notice, only from the time when delivered to the clerk to be recorded; and no conveyance, covenant, agreement, bond, mortgage, or deed of trust which is unrecorded or has not been filed for record, shall take precedence over any similar instrument affecting the same property which may be of record, to the end that with reference to all instruments which may be filed for record under this section, the priority thereof shall be governed by the priority in time of the filing of the several instruments, in the absence of actual notice.
Codes, Hutchinson's 1848, ch. 42, art. 1 (5); 1857, ch. 36, art. 23; 1880, § 1213; 1892, § 2458; 1906, § 2788; Hemingway's 1917, § 2292; 1930, § 2148; 1942, § 869; Laws, 1924, ch. 239.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 5 - RECORDING OF INSTRUMENTS (§§ 89-5-1 — 89-5-113) › Article 1 - GENERAL PROVISIONS (§§ 89-5-1 — 89-5-47) › Section 89-5-7 - Written contracts in relation to land recordable

Every title-bond or other written contract in relation to land may be acknowledged or proved, and certified and recorded, in the same manner as conveyances of land; and such acknowledgment or proof, and the proper certificate thereof and delivery to the clerk of the chancery court of the proper county to be recorded, shall be notice to all subsequent purchasers of the existence of such bond or contract.
Codes, Hutchinson's 1848, ch. 42, art. 1 (6); 1857, ch. 36, art. 24; 1871, § 2307; 1880, § 1214; 1892, § 2459; 1906, § 2789; Hemingway's 1917, § 2293; 1930, § 2141; 1942, § 862.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 5 - RECORDING OF INSTRUMENTS (§§ 89-5-1 — 89-5-113) › Article 1 - GENERAL PROVISIONS (§§ 89-5-1 — 89-5-47) › Section 89-5-9 - Copies of certain records may be recorded

A copy of the record of any instrument of writing affecting property in this state, and which has been legally recorded in any other state of the United States, or in a foreign country, when certified by the clerk or other officer in whose custody the record is, under his seal of office, if he have one, may be recorded in this state in the same way and with like effect as if it had been executed and acknowledged in this state.
Codes, 1880, § 1222; 1892, § 2469; 1906, § 2803; Hemingway's 1917, § 2304; 1930, § 2144; 1942, § 865.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 5 - RECORDING OF INSTRUMENTS (§§ 89-5-1 — 89-5-113) › Article 1 - GENERAL PROVISIONS (§§ 89-5-1 — 89-5-47) › Section 89-5-11 - Patents issued by United States or this state recordable

All patents issued in the name of the United States or of this state for lands, may, whether acknowledged or not, be recorded in the office of the clerk of the chancery court of the county in which the land embraced in the patent may lie.
Codes, 1857, ch. 61, art. 231; 1880, § 1625; 1892, § 2470; 1906, § 2804; Hemingway's 1917, § 2305; 1930, § 2145; 1942, § 866.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 5 - RECORDING OF INSTRUMENTS (§§ 89-5-1 — 89-5-113) › Article 1 - GENERAL PROVISIONS (§§ 89-5-1 — 89-5-47) › Section 89-5-13 - Instruments of conveyance recorded for seven and ten years; acknowledgment valid

(1)
Concerning an interest in land, whenever an instrument of conveyance (including but not limited to a deed of trust or assignment), release, termination or cancellation which contains a defective acknowledgement has been of record seven (7) years or more in the land records of the county in which the said land is located, the acknowledgment shall be good without regard to the form of the certificate of acknowledgment.
(2)
Any such instrument which has been of record for ten (10) years and which bears no acknowledgement shall likewise be treated as if properly acknowledged.
Codes, 1942, § 867.5; Laws, 1954, ch. 224, §§ 1, 2; Laws, 1999, ch. 412, § 1, eff. 7/1/1999.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 5 - RECORDING OF INSTRUMENTS (§§ 89-5-1 — 89-5-113) › Article 1 - GENERAL PROVISIONS (§§ 89-5-1 — 89-5-47) › Section 89-5-15 - Transfer of record; debt to be noted on record

Except as provided in Section
89-5-37
, Mississippi Code of 1972, when the indebtedness, or any part thereof, secured by a mortgage, deed of trust, or other lien of record shall be assigned by the person appearing by the record to be the creditor, he shall be required by the assignee to enter the fact of the assignment on the margin of the record of the lien; and in default of making such entry, any satisfaction or cancellation of the lien or instrument evidencing it entered by the original creditor shall release the same as to subsequent creditors and purchasers for value without notice, unless the assignment be by writing duly acknowledged and filed for record; and every assignment by an assignee of any such lien shall be entered in like manner and with like effect in case of failure.
Codes, 1892, § 2461; 1906, § 2794; Hemingway's 1917, § 2295; 1930, § 2150; 1942, § 871; Laws, 1988, ch. 428, § 3, eff. 4/23/1988.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 5 - RECORDING OF INSTRUMENTS (§§ 89-5-1 — 89-5-113) › Article 1 - GENERAL PROVISIONS (§§ 89-5-1 — 89-5-47) › Section 89-5-17 - Assignments of indebtedness to be marked on record

Except as provided in Section
89-5-37
, all assignments in whole or in part of any indebtedness secured by mortgage, deed of trust, or other lien of record, shall be entered on the margin of the record of the lien or said assignment shall be acknowledged and filed for record, and if the assignor or assignee of said indebtedness fail to comply with the provisions of this section the debtor shall be fully protected in transactions with the holder of record in the absence of actual notice of the assignment.
Codes, 1906, § 2795; Hemingway's 1917, § 2296; 1930, § 2151; 1942, § 872; Laws, 1988, ch. 428, § 1, eff. 4/23/1988.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 5 - RECORDING OF INSTRUMENTS (§§ 89-5-1 — 89-5-113) › Article 1 - GENERAL PROVISIONS (§§ 89-5-1 — 89-5-47) › Section 89-5-19 - When a lien appears by the record to be barred, it ceases

Where the remedy to enforce any mortgage, deed of trust, or other lien on real or personal property which is recorded, appears on the face of the record to be barred by the statute of limitations (which, as to a series of notes or a note payable in installments, shall begin to run from and after the maturity date of the last note or last installment), the lien shall cease and have no effect as to creditors and subsequent purchasers for a valuable consideration without notice, unless within six (6) months after such remedy is so barred the fact that such mortgage, deed of trust, or lien has been renewed or extended be entered on the margin of the record thereof, by the creditor, debtor, or trustee, attested by the clerk, or a new mortgage, deed of trust, or lien, noting the fact of renewal or extension, be duly filed for record within such time. If the date of final maturity of such indebtedness so secured cannot be ascertained from the face of the record the same shall be deemed to be due one (1) year from the date of the instrument securing the same for the purpose of this section. And where a suit shall have been brought to keep a judgment alive within seven (7) years from the rendition of such judgment, the general lien of such judgment shall expire as to creditors and subsequent purchasers for a valuable consideration, without notice, at the end of seven (7) years from the rendition of such judgment, notwithstanding such suit to keep alive the judgment unless a notation to keep alive such judgment shall be made on the judgment roll within six (6) months after the expiration of seven (7) years from the time of the rendition of such judgment.
Codes, 1892, § 2462; 1906, § 2796; Hemingway's 1917, § 2297; 1930, § 2154; 1942, § 875; Laws, 1896, ch. 98; Laws, 1956, ch. 215; Laws, 1958, ch. 271, § 1; Laws, 1960, ch. 223.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 5 - RECORDING OF INSTRUMENTS (§§ 89-5-1 — 89-5-113) › Article 1 - GENERAL PROVISIONS (§§ 89-5-1 — 89-5-47) › Section 89-5-23 - Oil, gas, and mineral leases; cancellation of record upon expiration

(1)
Whenever any oil, gas and mineral lease which is now or may hereafter be recorded in any county of this state shall expire or terminate, the holder of such oil, gas and mineral lease, or the last assignee of record thereof, as the case may be, shall be required to cancel of record such oil, gas and mineral lease by entering upon the margin of the record of such lease, a notation that said oil, gas and mineral lease has terminated and expired, which entry shall be attested by the clerk of the chancery court and shall discharge and release the lands therein described from said oil, gas and mineral lease; or the holder or last assignee of record, as the case may be, of an oil, gas and mineral lease may execute an instrument, duly recordable under the laws of this state, stating that the said oil, gas and mineral lease has expired and terminated and that no further rights or claims will be asserted thereunder.
The chancery clerk shall be allowed a fee of One Dollar ($1.00) for making such cancellation, and shall not be required to index same on sectional index but shall be required to note the cancellation on the margin of the record where said lease is recorded and if said cancellation is by separate instrument he shall note the cancellation on the margin where lease is recorded showing book and page of said instrument of cancellation.
(2)
If the holder of an oil, gas and mineral lease or the last assignee of record, as the case may be, shall not, within one (1) month after written request made by the lessor or his assigns, cancel on the record said oil, gas and mineral lease, or furnish proof, as above provided, that the same has expired and terminated, the lessee or the last assignee of record, as the case may be, of such oil, gas and mineral lease, shall forfeit the sum of One Hundred Dollars ($100), which may be recovered by suit on the part of the party aggrieved.
Codes, 1942, § 876-01; Laws, 1944, ch. 195, §§ 1, 2.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 5 - RECORDING OF INSTRUMENTS (§§ 89-5-1 — 89-5-113) › Article 1 - GENERAL PROVISIONS (§§ 89-5-1 — 89-5-47) › Section 89-5-25 - How instrument recorded and indexed; records public; copies

(1)
It shall be the duty of the clerk of the chancery court to whom any written instrument is delivered to be recorded, and which is properly recordable in his county, to record the same without delay, together with the acknowledgments of proofs and the certificates thereof, and also the plats of surveys, schedules, and other papers thereto annexed, by entering them word for word in a fair handwriting, or typewriting, or by filling up printed forms, or by recording by photostat machine or other equally permanent photographic or electronic process, and entering the hour and minute, the day of the month, and the year when the instrument was delivered to him for record, and when recorded. Records filed or stored electronically may be in addition to, or in lieu of, the physical record on paper. He shall also carefully preserve all instruments of writing, which are properly acknowledged and delivered to him to be recorded, and after recording deliver them to the party entitled thereto on demand. He shall also put a complete alphabetical index, both direct and reverse, to each book, except as provided in subsection (2), herein; and every person shall have access, at proper times, to such books, and be entitled to transcripts from the same on paying the lawful fees. He shall record the deeds and other instruments in the order of time in which they are filed for record as far as practicable.
(2)
In counties having a population in excess of one hundred nineteen thousand (119,000) with an assessed valuation of all taxable property therein in excess of Sixty-three Million Dollars ($63,000,000.00), and having two (2) cities wholly located therein, each with a population in excess of thirty thousand (30,000) persons according to the preceding Federal Census, wherein the clerk of the chancery court has a well kept general index, both direct and reverse, for each kind or class of record books as required by Section
89-5-33
, the board of supervisors may, by order spread upon its minutes, authorize the clerk of the chancery court to omit putting such index in each separate book of the records to which such general index is kept.
(3)
This section shall not be construed to authorize and empower the boards of supervisors to purchase any photostat machines or other equally permanent photographic or electronic processes.
(4)
From and after July 1, 2009, instruments to be recorded shall comply with the provisions of Section
89-5-24
.
Codes, Hutchinson's 1848, ch. 42, art. 1 (8); 1857, ch. 36, art. 35; 1871, § 2318; 1880, § 1225; 1892, § 2474; 1906, § 2808; Hemingway's 1917, § 2309; 1930, § 2157; 1942, § 878; Laws, 1944, ch. 196, §§ 1, 2; Laws, 1962, ch. 239; Laws, 1994, ch. 521, § 40; Laws, 2008, ch. 508, § 2, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 5 - RECORDING OF INSTRUMENTS (§§ 89-5-1 — 89-5-113) › Article 1 - GENERAL PROVISIONS (§§ 89-5-1 — 89-5-47) › Section 89-5-27 - Receipt for instruments delivered to chancery clerk for recording

The clerk of the chancery court, or his deputy, shall give a receipt for every written instrument delivered to him to be recorded, if demanded, in which he shall state the name of the parties, the date of delivery and quantity of land or other property therein specified, and shall also certify on or under such instrument the hour and minute, the day and month, and the year when he received it; and when the same is recorded, he shall make an appropriate reference where it is recorded, and an itemized statement of his fees therefor, and he shall deliver it to the party entitled to receive it when called for.
Codes, Hutchinson's 1848, ch. 42, art. 1 (10); 1857, ch. 36, art. 36; 1871, § 2319; 1880, § 1223; 1892, § 2471; 1906, § 2805; Hemingway's 1917, § 2306; 1930, § 2156; 1942, § 877; Laws, 1924, ch. 228; Laws, 1928, ch. 199; Laws, 1952, ch. 342; Laws, 1994, ch. 521, § 41, eff. 3/25/1994.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 5 - RECORDING OF INSTRUMENTS (§§ 89-5-1 — 89-5-113) › Article 1 - GENERAL PROVISIONS (§§ 89-5-1 — 89-5-47) › Section 89-5-29 - Mortgages and deeds of trust on land; how recorded

Except as hereinafter provided, all mortgages and deeds of trust upon land given to secure the payment of money, and all instruments of writing whereby a trustee is substituted under any such deed of trust, and all instruments of writing canceling or satisfying, or authorizing the cancellation or satisfaction of any such mortgage or deed of trust, shall be recorded separately from other instruments relating to land or records, and such records shall be called "records of mortgages and deeds of trust on land."
Codes, 1906, § 2809; Hemingway's 1917, § 2310; 1930, § 2158; 1942, § 879; Laws, 1994, ch. 521, § 42, eff. 3/25/1994.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 5 - RECORDING OF INSTRUMENTS (§§ 89-5-1 — 89-5-113) › Article 1 - GENERAL PROVISIONS (§§ 89-5-1 — 89-5-47) › Section 89-5-31 - [Repealed]

Repealed by Laws, 1993, ch. 546, § 2, eff. 1/1/1994.
Codes, 1906, § 2810; Hemingway's 1917, § 2311; 1930, § 2159; 1942, § 880; Laws, 1946, ch. 172, § 1.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 5 - RECORDING OF INSTRUMENTS (§§ 89-5-1 — 89-5-113) › Article 1 - GENERAL PROVISIONS (§§ 89-5-1 — 89-5-47) › Section 89-5-35 - How certain conveyances indexed

Every conveyance by a sheriff, constable, marshal, master, commissioner, executor, administrator, guardian, trustee, or other person, in an official or representative character, shall be indexed by the clerk in proper alphabetical order as the conveyance of each person who executed it, and, in like manner, as the conveyance of each person whose property is sold and conveyed; and, for failure herein, he shall be liable in damages and for a penalty of Two Hundred Dollars ($200.00) to any person sustaining damage by such failure.
Codes, 1880, § 1226; 1892, § 2473; 1906, § 2807; Hemingway's 1917, § 2308; 1930, § 2161; 1942, § 882.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 5 - RECORDING OF INSTRUMENTS (§§ 89-5-1 — 89-5-113) › Article 1 - GENERAL PROVISIONS (§§ 89-5-1 — 89-5-47) › Section 89-5-37 - Name of beneficiary must be disclosed in mortgage or deed of trust to be recorded; exception

The clerk of the chancery court, or his deputy, shall not record any mortgage or deed of trust in which the name of the beneficiary is not disclosed therein, and if such instrument is recorded it shall not impart notice to anyone. But the preceding sentence shall not apply if the mortgage or deed of trust discloses as beneficiary the name of an agent or other representative designated as such of one or more holders of the secured indebtedness in which event there shall be no requirement to disclose the holders of promissory notes, bonds, certificates of participation, trustee's certificates or the like secured by the mortgage or deed of trust. The assignment or transfer of a secured indebtedness need not be filed for record nor entered on the margin of the record if the holder thereof is represented by an agent, trustee or the like disclosed as beneficiary in the mortgage or deed of trust.
Codes, Hutchinson's 1848, ch. 42, art. 1 (10); 1857, ch. 36, art. 36; 1871, § 2319; 1880, § 1223; 1892, § 2471; 1906, § 2805; Hemingway's 1917, § 2306; 1930, § 2156; 1942, § 877; Laws, 1924, ch. 228; Laws, 1928, ch. 199; Laws, 1952, ch. 342; Laws, 1988, ch. 428, § 2, eff. 4/23/1988.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 5 - RECORDING OF INSTRUMENTS (§§ 89-5-1 — 89-5-113) › Article 1 - GENERAL PROVISIONS (§§ 89-5-1 — 89-5-47) › Section 89-5-39 - Books of record not to be removed

A book of record of conveyances shall not be removed by writ or subpoena duces tecum, or otherwise, before any court, out of the courthouse in which such record is kept, when a certified copy or transcript may be given in evidence.
Codes, Hutchinson's 1848, ch. 42, art. 1 (22); 1857, ch. 36, art. 34; 1871, § 2317; 1880, § 1228; 1892, § 2476; 1906, § 2813; Hemingway's 1917, § 2314; 1930, § 2164; 1942, § 885.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 5 - RECORDING OF INSTRUMENTS (§§ 89-5-1 — 89-5-113) › Article 1 - GENERAL PROVISIONS (§§ 89-5-1 — 89-5-47) › Section 89-5-41 - Records in counties divided into two districts

Where it is not now so provided by law, in any county divided into two (2) districts for circuit and chancery courts, the board of supervisors may, by an order entered on its minutes, to go into effect six (6) weeks thereafter, require the clerk of the chancery court to transcribe into new record books the record of all conveyances theretofore made, and record all conveyances thereafter made affecting property situated wholly or partly in the district not before having the records; and all conveyances shall thereafter be recorded only in the proper district. And the records of conveyances in such district shall be kept and have the same effect as if they were several counties.
Codes, 1892, § 2477; 1906, § 2814; Hemingway's 1917, § 2315; 1930, § 2165; 1942, § 886.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 5 - RECORDING OF INSTRUMENTS (§§ 89-5-1 — 89-5-113) › Article 1 - GENERAL PROVISIONS (§§ 89-5-1 — 89-5-47) › Section 89-5-43 - Penalty on clerk for failure of duty

Any clerk who shall refuse or fail to perform any of the duties herein required shall, for every such refusal or neglect, be liable on his official bond to any party injured for all damages which such party may have sustained by reason of the nonperformance of such duty.
Codes, Hutchinson's 1848, ch. 42, art. 1 (11); 1857, ch. 36, art. 37; 1871, § 2321; 1880, § 1229; 1892, § 2478; 1906, § 2815; Hemingway's 1917, § 2316; 1930, § 2166; 1942, § 887.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 5 - RECORDING OF INSTRUMENTS (§§ 89-5-1 — 89-5-113) › Article 1 - GENERAL PROVISIONS (§§ 89-5-1 — 89-5-47) › Section 89-5-45 - Substitution of trustee must appear of record; general substitution allowed for certain beneficiaries

Sales of land made under deeds of trust by substituted trustees shall not convey the interest of the grantor or grantors therein, but shall be absolutely null and void, both at law and in equity, unless the substitution shall appear of record in the office of the chancery clerk of the county where the land is situated, and unless it shall so appear by being actually spread at large upon the record before the first advertisement or notice of sale shall have been posted or published; the filing for record or lodging with the clerk not being sufficient. Such substitution, however, may so appear by a separate instrument recorded as above set out in all respects, or a copy of such substitution may be recorded as above set out. Provided, however, that where the beneficiary named in the deed of trust is an agency of the United States or the State of Mississippi, a national or state chartered bank or savings and loan association, a federal land bank, a production credit association, or an insurance company, the beneficiary may substitute the trustee named therein and the trustee named in all deeds of trust held by such beneficiary in the county, by recording in the office of the chancery clerk in the county where the land encumbered is situated one (1) instrument designated as a general substitution. It shall not be necessary for the general substitution to identify individually deeds of trust affected, or the grantors therein, it being sufficient if the instrument recites the name and address of the beneficiary and declares that its purpose is to name a substitute trustee for all mortgages or deeds of trust held by the named beneficiary which are recorded in the county. All general substitutions shall be indexed by the chancery clerk in a separate book especially designated for such purpose.
Codes, 1906, § 2773; Hemingway's 1917, § 2277; 1930, § 2168; 1942, § 890; Laws, 1896, ch. 96; Laws, 1983, ch. 328, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 5 - RECORDING OF INSTRUMENTS (§§ 89-5-1 — 89-5-113) › Article 1 - GENERAL PROVISIONS (§§ 89-5-1 — 89-5-47) › Section 89-5-47 - through 89-5-53 - [Repealed]

Repealed by Laws, 1989, ch. 515, § 9, eff. 1/1/1990.
§ 89-5-47. [Codes, 1930, § 2171; 1942, § 893; Laws, 1924, ch. 226] § 89-5-49. [Codes, 1930, § 2172; 1942, § 894; Laws, 1924, ch. 226] § 89-5-51. [Codes, 1930, § 2173; 1942, § 895; Laws, 1924, ch. 226] § 89-5-53. [Codes, 1930, § 2174; 1942, § 896; Laws, 1924, ch. 226; Laws, 1978, ch. 529 § 1]
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 5 - RECORDING OF INSTRUMENTS (§§ 89-5-1 — 89-5-113) › Article 3 - UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT (§§ 89-5-101 — 89-5-113) › Section 89-5-101 - Short title

This article may be cited as the Uniform Real Property Electronic Recording Act.
Laws, 2011, ch. 364, § 1, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 5 - RECORDING OF INSTRUMENTS (§§ 89-5-1 — 89-5-113) › Article 3 - UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT (§§ 89-5-101 — 89-5-113) › Section 89-5-103 - Definitions

In this article:
(1)
"Document" means information that is:
(a)
Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
(b)
Eligible to be recorded in the land records maintained by the chancery clerk.
(2)
"Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(3)
"Electronic document" means a document that is received by the chancery clerk in an electronic form.
(4)
"Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.
(5)
"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(6)
"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
Laws, 2011, ch. 364, § 2, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 5 - RECORDING OF INSTRUMENTS (§§ 89-5-1 — 89-5-113) › Article 3 - UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT (§§ 89-5-101 — 89-5-113) › Section 89-5-105 - Validity of electronic documents

(a)
If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying this article.
(b)
If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.
(c)
A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature.
Laws, 2011, ch. 364, § 3, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 5 - RECORDING OF INSTRUMENTS (§§ 89-5-1 — 89-5-113) › Article 3 - UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT (§§ 89-5-101 — 89-5-113) › Section 89-5-107 - Recording of documents

(a)
In this section, "paper document" means a document that is received by the chancery clerk in a form that is not electronic.
(b)
A chancery clerk:
(1)
Who implements any of the functions listed in this section shall do so in compliance with standards established by the commission.
(2)
May receive, index, store, archive, and transmit electronic documents.
(3)
May provide for access to, and for search and retrieval of, documents and information by electronic means.
(4)
Who accepts electronic documents for recording shall continue to accept paper documents as authorized by state law and shall place entries for both types of documents in the same index.
(5)
May convert paper documents accepted for recording into electronic form.
(6)
May convert into electronic form information recorded before the chancery clerk began to record electronic documents.
(7)
May accept electronically any fee or tax that the chancery clerk is authorized to collect.
(8)
May agree with other officials of a state or a political subdivision thereof, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees and taxes.
Laws, 2011, ch. 364, § 4, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 5 - RECORDING OF INSTRUMENTS (§§ 89-5-1 — 89-5-113) › Article 3 - UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT (§§ 89-5-101 — 89-5-113) › Section 89-5-109 - Administration and standards

(a)
The Mississippi Electronic Recording Commission consisting of eleven (11) members is created to adopt standards to implement this article. The membership of the commission shall comprise the following:
(1)
A person appointed by the Governor;
(2)
A person appointed by the Lieutenant Governor;
(3)
A person appointed by the Speaker of the House of Representatives;
(4)
Three (3) members of the Chancery Clerks' Association;
(5)
A person appointed by the Mississippi Association of Supervisors;
(6)
The director of the Mississippi Information Technology Services or his designee; and
(7)
Three (3) persons appointed by the Secretary of State.
Appointed members of the commission shall serve a term of two (2) years from the date of appointment as evidenced by letters to the Secretary of the Senate and the Clerk of the House of Representatives, with the appointment letter last received being the effective date of appointment. Any member serving by virtue of appointment shall serve until a successor is duly appointed. Appointed members shall be eligible for reappointment at the end of their terms.
(b)
Appointments are to be made no later than October 1, 2011, and the initial meeting of the commission is to be held no later than November 1, 2011. The initial meeting is to be called at a time and place designated by the Secretary of State who shall preside until a permanent chair is elected. The election of a permanent chair shall be held at the initial meeting. The chair shall serve during the chair's tenure but shall not serve consecutive terms as chair. The commission shall establish rules to govern the conduct of its meetings and shall elect such officers as provided in the rules. A quorum shall consist of no fewer than six (6) members.
(c)
To keep the standards and practices of chancery clerks in this state in harmony with the standards and practices of recording offices in other jurisdictions that enact substantially this article and to keep the technology used by chancery clerks in this state compatible with technology used by recording offices in other jurisdictions that enact substantially this article, the commission, so far as is consistent with the purposes, policies, and provisions of this article, in adopting, amending, and repealing standards shall consider:
(1)
Standards and practices of other jurisdictions;
(2)
The most recent standards promulgated by national standard-setting bodies, such as the Property Records Industry Association;
(3)
The views of interested persons and governmental officials and entities;
(4)
The needs of counties of varying size, population, and resources; and
(5)
Standards requiring adequate information security protection to ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering.
Laws, 2011, ch. 364, § 5, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 5 - RECORDING OF INSTRUMENTS (§§ 89-5-1 — 89-5-113) › Article 3 - UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT (§§ 89-5-101 — 89-5-113) › Section 89-5-111 - Uniformity of application and construction

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Laws, 2011, ch. 364, § 6, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 5 - RECORDING OF INSTRUMENTS (§§ 89-5-1 — 89-5-113) › Article 3 - UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT (§§ 89-5-101 — 89-5-113) › Section 89-5-113 - Relation to Electronic Signatures in Global and National Commerce Act

This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 USCS Section 7001, et seq.) but does not modify, limit, or supersede Section 101(c) of that act (15 USCS Section 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 USCS Section 7003(b)).
Laws, 2011, ch. 364, § 7, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 6 - MISSISSIPPI PLANE COORDINATE SYSTEM (§§ 89-6-1 — 89-6-19) › Section 89-6-1 - Description of systems of plane coordinates

(1)
The systems of plane coordinates established and maintained by the National Ocean Service/National Geodetic Survey (formerly the United States Coast and Geodetic Survey), or its successors, for defining and stating the geographic position or location of points on the surface of the earth within the State of Mississippi are hereafter to be known and designated as the Mississippi Coordinate System of 1927 (MCS'27) and the Mississippi Coordinate System of 1983 (MCS'83). These systems divide the area within the state into an "East Zone" and a "West Zone."
(2)
(a)
The area now included in the following eastern counties shall constitute the East Zone: Alcorn, Attala, Benton, Calhoun, Chickasaw, Choctaw, Clarke, Clay, Covington, Forrest, George, Greene, Hancock, Harrison, Itawamba, Jackson, Jasper, Jones, Kemper, Lafayette, Lamar, Lauderdale, Leake, Lee, Lowndes, Marshall, Monroe, Neshoba, Newton, Noxubee, Oktibbeha, Pearl River, Perry, Pontotoc, Prentiss, Scott, Smith, Stone, Tippah, Tishomingo, Union, Wayne, Webster and Winston.
(b)
The area now included in the following western counties shall constitute the West Zone: Adams, Amite, Bolivar, Carroll, Claiborne, Coahoma, Copiah, DeSoto, Franklin, Grenada, Hinds, Holmes, Humphreys, Issaquena, Jefferson, Jefferson Davis, Lawrence, Leflore, Lincoln, Madison, Marion, Montgomery, Panola, Pike, Quitman, Rankin, Sharkey, Simpson, Sunflower, Tallahatchie, Tate, Tunica, Walthall, Warren, Washington, Wilkinson, Yalobusha and Yazoo.
(3)
When any survey extends from one (1) into the other of the above coordinate zones, the position of all points involved may be referred to either of the two (2) zones.
Laws, 1991, ch. 462, § 1, eff. 1/1/1992.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 6 - MISSISSIPPI PLANE COORDINATE SYSTEM (§§ 89-6-1 — 89-6-19) › Section 89-6-3 - Plane coordinate values

The plane coordinate values for a point on the earth's surface, used to express the geographic position or location of such point in the appropriate zone of the systems described in Section
89-6-1
, shall consist of two (2) distances expressed in U.S. Survey Feet and decimals of a foot when using the Mississippi Coordinate System of 1927 and expressed in meters and decimals of a meter or U.S. Survey Feet and decimals of a foot when using the Mississippi Coordinate System of 1983. One (1) of these distances, to be known as the "Y" or "N-coordinate," shall give the position in a north and south direction; the other, to be known as the "X" or "E-coordinate," shall give the position in an east and west direction. These coordinates shall be made to depend upon and conform to the plane rectangular coordinate values for the monumented points of the National Geodetic Reference System as published by the National Ocean Service/National Geodetic Survey (formerly the United States Coast and Geodetic Survey), or its successors, and whose plane coordinates have been computed on the system defined in this chapter.
Laws, 1991, ch. 462, § 2; Laws, 2006, ch. 380, § 1, eff. 3/13/2006.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 6 - MISSISSIPPI PLANE COORDINATE SYSTEM (§§ 89-6-1 — 89-6-19) › Section 89-6-5 - Definitions applicable to Mississippi Coordinate System of 1927

For purposes of more precisely defining the Mississippi Coordinate System of 1927, the following definition by the United States Coast and Geodetic Survey (now the National Ocean Service/National Geodetic Survey) is adopted:
(a)
The "Mississippi Coordinate System of 1927 East Zone" is a transverse Mercator projection of the Clarke spheroid of 1866, having a central meridian eighty-eight (88) degrees fifty (50) minutes west of Greenwich, on which meridian the scale is set at one (1) part in twenty-five thousand (25,000) too small. The origin of coordinates is at the intersection of the meridian eighty-eight (88) degrees fifty (50) minutes west of Greenwich and the parallel twenty-nine (29) degrees forty (40) minutes north latitude. This origin is given the coordinates: X 500,000 feet and Y 0 feet.
(b)
The "Mississippi Coordinate System of 1927 West Zone" is a transverse Mercator projection of the Clarke spheroid of 1866, having a central meridian ninety (90) degrees twenty (20) minutes west of Greenwich, on which meridian the scale is set at one (1) part in seventeen thousand (17,000) too small. The origin of coordinates is at the intersection of the meridian ninety (90) degrees twenty (20) minutes west of Greenwich and the parallel thirty (30) degrees thirty (30) minutes north latitude. This origin is given the coordinates: X 500,000 feet and Y 0 feet.
Laws, 1991, ch. 462, § 3, eff. 1/1/1992.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 6 - MISSISSIPPI PLANE COORDINATE SYSTEM (§§ 89-6-1 — 89-6-19) › Section 89-6-7 - Definitions applicable to Mississippi Coordinate System of 1983

For purposes of more precisely defining the Mississippi Coordinate System of 1983, the following definition by the National Ocean Service/National Geodetic Survey is adopted:
(a)
The "Mississippi Coordinate System of 1983 East Zone" is a transverse Mercator projection of the North American Datum of 1983, having a central meridian of eighty-eight (88) degrees fifty (50) minutes west of Greenwich, on which meridian the scale is set at one (1) part in twenty thousand (20,000) too small. The origin of coordinates is at the intersection of the meridian eighty-eight (88) degrees fifty (50) minutes west of Greenwich and the parallel twenty-nine (29) degrees thirty (30) minutes north latitude. This origin is given the coordinates: N 0 meters and E 300,000 meters.
(b)
The "Mississippi Coordinate System of 1983 West Zone" is a transverse Mercator projection of the North American Datum of 1983, having a central meridian ninety (90) degrees twenty (20) minutes west of Greenwich, on which meridian the scale is set at one (1) part in twenty thousand (20,000) too small. The origin of coordinates is at the intersection of the meridian ninety (90) degrees twenty (20) minutes west of Greenwich and the parallel twenty-nine (29) degrees thirty (30) minutes north latitude. This origin is given the coordinates: N 0 meters and E 700,000 meters.
Laws, 1991, ch. 462, § 4, eff. 1/1/1992.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 6 - MISSISSIPPI PLANE COORDINATE SYSTEM (§§ 89-6-1 — 89-6-19) › Section 89-6-9 - Explanation of terms

The use of the term "Mississippi Coordinate System of 1927" (MCS'27) or "Mississippi Coordinate System of 1983" (MCS'83) on any map, report of survey, or other document shall be limited to coordinates based on the Mississippi coordinate systems as defined in this chapter.
Laws, 1991, ch. 462, § 5, eff. 1/1/1992.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 6 - MISSISSIPPI PLANE COORDINATE SYSTEM (§§ 89-6-1 — 89-6-19) › Section 89-6-11 - Recording coordinates; requirements for recognition

No coordinates based on either Mississippi coordinate system, purporting to define the position of a point, shall be recorded on any plat or in any public record unless the coordinates are derived from an accurate connection to an identified existing or newly established permanently-monumented third order Class I(1:10,000) or higher order station of the National Geodetic Reference System. Standards and specifications of the Federal Geodetic Control Committee (FGCC) or its successor in force on the date of survey shall apply. Published existing control stations or the acceptance with intent to publish the newly established station by the National Ocean Service/National Geodetic Survey will constitute evidence of adherence to the FGCC specifications.
Laws, 1991, ch. 462, § 6, eff. 1/1/1992.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 6 - MISSISSIPPI PLANE COORDINATE SYSTEM (§§ 89-6-1 — 89-6-19) › Section 89-6-13 - Use of system of plane coordinates to describe location of point within state

For purposes of describing the location of any point in the State of Mississippi, it shall be considered a complete, legal and satisfactory description of such location to give the position of such point on the system of plane coordinates defined in this chapter, provided the connection to the Mississippi Coordinate System is made in accordance with the provisions of this chapter and the standards of practice for surveying as adopted by the Board of Licensure for Professional Engineers and Surveyors. Whenever coordinates are affixed to any point which has previously been described by another system, the coordinates shall be construed as additional evidence of the location of the same point. In the event of any conflict as to the point or its location, the common rules of evidence shall be used to resolve the conflict. When used to reference the position of a point to be cited in recorded description of real property, the description must be written in a form that is tied to the existing land system.
Laws, 1991, ch. 462, § 7; Laws, 2006, ch. 380, § 2, eff. 3/13/2006.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 6 - MISSISSIPPI PLANE COORDINATE SYSTEM (§§ 89-6-1 — 89-6-19) › Section 89-6-15 - Effective date for usage of systems

The Mississippi Coordinate System of 1927 shall not be used after December 31, 1999; the Mississippi Coordinate System of 1983 shall be the sole system after such date.
Laws, 1991, ch. 462, § 8, eff. 1/1/1992.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 6 - MISSISSIPPI PLANE COORDINATE SYSTEM (§§ 89-6-1 — 89-6-19) › Section 89-6-17 - Conversion of distances or coordinates between English and metric unit

Any conversion of distances or coordinates between the English and metric unit shall be made using the following conversion factor: one (1) meter equals 3.280833333 1/3 U.S. Survey feet. A minimum of ten (10) significant figures shall be used when converting coordinates.
Laws, 1991, ch. 462, § 9, eff. 1/1/1992.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 6 - MISSISSIPPI PLANE COORDINATE SYSTEM (§§ 89-6-1 — 89-6-19) › Section 89-6-19 - Use of metes and bounds descriptions or lot and block descriptions

No provision of this chapter shall prohibit or preclude the use of metes and bounds descriptions or lot and block descriptions.
Laws, 1991, ch. 462, § 10, eff. 1/1/1992.