Party Walls

Miss. Code Ann. tit. 89, ch. 15
in effect

Miss. Code Ann. § 89-15-1 Parol agreement concerning, binding.

Any agreement for erecting walls which parties may make who own adjoining lots and desire to build party walls, shall be binding, whether in writing or not; and in case of the failure of either party to comply with his contract, the other may have an action for damages.

Miss. Code Ann. § 89-15-3 How wall may become a party wall.

If the owner of any lot shall build a substantial and durable brick or stone wall on the line which divides his lot from another, and the owner or lessee of that other lot should desire to erect an adjoining building and connect the same with the building already erected, so as to make the wall of the former building serve as the wall of his own, he may do so by paying to the owner of the first wall half the value thereof, or half the value of so much of the former wall as he may use as a wall to his own house; but he shall not be at liberty to use the former wall in any way which may prove dangerous or detrimental to the owner, except he may close lights therein.

Miss. Code Ann. § 89-15-5 Wall not to be used until paid for; how sum ascertained.

A person shall not be at liberty to join or use a wall as a party-wall without first paying to the owner thereof one-half (1/2) the value of so much as may be used; and if the parties cannot agree as to the value, either may apply to the mayor, police justice of the city, town or village, or to any justice of the peace of the county, in writing, for the appointment of suitable persons to assess the amount to be paid; and such mayor or police justice or justice of the peace shall thereupon appoint three (3) mechanics skilled in the description of work, who, or a majority of whom, shall examine the wall, and assess the amount to be paid to the owner thereof, and give a certificate of such examination and assessment to the party at whose instance they were appointed. The opposite party shall have five (5) days’ notice of the time of the meeting of the appraisers, and their names, which notice may be served as a summons is required by law to be served. On payment or tender of the amount assessed, the party desiring to use the wall may proceed to do so.

Miss. Code Ann. § 89-15-7 Exceptions to appraisers.

If either party present to such mayor or police justice or justice of the peace, within ten (10) days after filing of assessment, exceptions to any of the appraisers, and the mayor or police justice or justice of the peace be of the opinion that the exception is well founded, a new appraiser or appraisers may be appointed, and either party shall be at liberty to introduce evidence before the appraisers as to the value of the wall.

Miss. Code Ann. § 89-15-9 Either party may appeal; final record.

The officer so appointing the appraisers shall make and preserve a record of all proceedings as in other cases before him, which shall contain the report of the appraisers, which shall be final, unless appealed from within ten (10) days, as in cases appealed from justice of the peace courts. But either party desiring may appeal, as in other cases before justices of the peace, to the circuit court of the county or district, where the whole matters of difference between the parties shall be heard anew, with or without written pleadings, in a summary way, before a jury and the court, as in other cases appealed from justices of the peace, and the findings of the circuit court in the case shall be final. On the proper certificate from the proper officer of the court finally disposing of the case, either party interested may have the final record recorded in the record of deeds of the county or district thereof.

Miss. Code Ann. § 89-15-11 Party wall not to be removed or impaired in value.

Any party wall which has been paid for, and is used as such, shall not be removed by either party without the consent of the other; nor shall it be so damaged or altered as to render it less valuable to either. And if either party violate this provision he shall be liable to the other as a trespasser for all damages that may be sustained.
Source: Public.Resource.Org MS CodeURL: https://unicourt.github.io/cic-code-ms/transforms/ms/ocms/r78/gov.ms.code.title.89.htmlFetched: 6/10/2026

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Miss. Code Ann. tit. 89, ch. 15 — Party Walls | Mississippi Code Annotated — Mississippi | Corpus