If someone accidentally built a house on my lot, what is my recourse?

This was recently revealed when they wanted to buy the lot next door and discovered that was their lot. Is the real estate company at fault?

Asked on September 28, 2015 under Real Estate Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can force them to remove your house no one has a right to build on or occupy your property. You control all use, etc. of your own real estate. Not only would they have to move or demolish the home, they'd have to remediate the lot, setting back to the shape it was in before. This is so even if their error was purely innocent. They may have the right to sue someone else e.g the real estate company if they were given bad information which caused this however, regardless of their rights, you can force them to remove the home from your property.
Alternately, you could look to either purchase the home from them or possibly to sell this lot and buy their existing lot from them, either of which may be a better practical choice. And if the real estate company was at fault, it's possible the two of may be able to get some of the transaction, etc. costs from them.
This is a complicated situation involving big money you are advised to consult in detail wth a real estate attorney, who can help you find and implement the best solution.


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