Can I sell land that someone is squatting on?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I sell land that someone is squatting on?

We are moving out of the country and found out that there is a squatter living on our vacant land, can we sell it to someone as long as they know there is a squatter on it?

Thanks David

Asked on December 9, 2018 under Real Estate Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes: land can be sold with an occupant (guest, squatter, or tenant) so long as you disclose that fact to buyers before they enter into a contract for the land. (Failure to disclose such a fact would be fraud and could let the buyer get out of the contract or sue you for compensation.) Alternately, if it would help you sell the land, you could remove the squatter: to do so legally, you have to bring a kind of legal action or lawsuit traditionally called an action "for ejectment" (your state may have a different name for it), which can be thought of as "eviction for a non-tenant." This action is somewhat "technical" in that a minor error in the paperwork, etc., can forcer you to start over; a good idea would be to retain an attorney to help you.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption