If there is someone living on my land without my permission, how do I go about removing them?
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If there is someone living on my land without my permission, how do I go about removing them?
The land was originally owned by my father. He decided to give the land to me and so had it deeded into my name. I now hold the title to the land. While I was gone out of state for a year, I was unaware that someone has been living on my land for the year I was gone. Now I am back and I went to my land to tell the person they needed to leave and they called the police and told them they had interest in the property. They wouldn’t allow me on my land.
Asked on December 14, 2011 under Real Estate Law, Hawaii
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you are on title to the property you are writing about and you have a trespasser living on it where law enforcement has not assisted you in evicting the trespasser, you need to retain a real estate attorney to bring an action against the person you are writing about.
The action would be for trespass with a request for damages and an order from the court requiring the person to vacate. The longer you delay in bringing an action to get the person off your land, the worse it becomes for you concerning any claim for a prescriptive easement against you.
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