can a person knowing rent or sell a structure that is partly on someone else property?

UPDATED: Oct 1, 2022

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can a person knowing rent or sell a structure that is partly on someone else property?

we own land and bought adjoining land we found out through a survey that the the
land next to ours has a structure that is partly on our land, we asked the owner
to move the structure or sell it to us. since then she has rented or sold the
structure knowing that a part was on our land. what can we do

Asked on April 18, 2019 under Real Estate Law, Alabama


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can bring a lawsuit against whomever currenlty owns it to get a court order requiring them to move or tear down the structure: if you can prove it is on your land, you can get it removed or demolished, since no one has a right to have a structure on your land without your permission. You will need to sue, however, to enforce your rights: only a court can issue an order compelling the owner to do this.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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