Can someone claim your land if they build a structure on it without your permission?

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Can someone claim your land if they build a structure on it without your permission?

Asked on December 3, 2012 under Real Estate Law, Kansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Given the right circumstances and the passage of at least five (5) years where someone has built a home on another person' land and paid the property taxes, a claim for adverse possession against the landowner could possibly be brought. Assuming you are in such a situation I suggest that you consult with a real estate attorney for assistance.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Yes.  It is known as "adverse possesion" and the statute in your state differs from others so I would speak with a lawyer as soon as possible.  The minimum is 7 years for some possessions and 15 for others.  But you can bring an action to "quiet title" and re gain possession of your land.  Good luck.  


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