If someone builds on your property without your consent, what can you do about it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If someone builds on your property without your consent, what can you do about it?
My brother-in-law built a huge garage and when they got the framework up it turns out that half of it was on our property. My husband is upset about it but thinks there is nothing he can do about it because the framework was already up at the time. Is there anything that can be done. He was never asked if it was OK. There is nothing in writing.
Asked on February 19, 2012 under Real Estate Law, West Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No one can build on your property without your permission--it does not matter if they started, or even completed, construction before you noticed the encroachment. You should be able to require your brother-in-law to remove or move the structure, and/or to receive monetary compensation; you should consult with a real estate attorney to discuss your rights, recourse, and best options. Good luck.
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 AttorneyPages.com 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.