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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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