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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year 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.


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