House on someone else's property?

Normally you are not able to build a house on property you do not own.

There are a few scenarios that might exist where this would happen.

#1.The owner of the property at the time gave oral or written permission, that allowed the house owner to build the house. There might not be written evidence of this and the original individuals involved are no longer with us.

#2.The land could be leased, belong to some one else, however the land lease allow the lessee to build a house on the land.

#3.There is an easement that allow this person to build a house on the property that is not owed by the owner of the house.

If you feel as if this house has been built illegally on property you own, your would be required to

#1. Check with the county recorder's office to see if there is a a legal easement that authorize this house to be built.

#2. Have a surveyor survey the house to see if it is actually on a lot not owned by the house owner.

#3. See and find out if there was an oral or written agreement between the previous owner of the land that would allow the house to be built. You might want to check with relatives of the land owner and the owner of the house.

It is difficult to believe and think that a person would build a house on land they do own without permission. There is a reason for this situation. Some one know the reason, and the cause. You have to find out the reason and who gave permission for this situation as it is today.

I hope this has been of some benefit to you, good luck.

"FIGHT ON"

In a few cases people do a 99 year lease on property rather than buying it. Is that what you are talking about?

If you think a part of your house may be built onto some neighbors property- then have a professional survey done. You may be able to claim a settlement from your title company or from original surveyor. Usually this is handled by either buying or getting a recorded easement from the land owner.

You need to have a survey done to find out for sure. If this is the case (assuming there is no old easement on the books or something) then you need to make the owner move it. If this situation exists a really long time going unaddressed at some point the owner losses the right to move the house, its granted an easement in perpetuity and although the homeowner does not own the land they own a permanent right to use the land (called adverse possession - takes about 20 years most places).

Now for old properties these situations can come up and be allowed due to old easements, essentially prior owners granting the house owner use of their land in perpetuity, so make sure this isn't allowed via some old easement if this is a long standing situation (run a title check and check with both owners regarding an easement to see if one exists).

The Mortgage Company is supposed to run a Mortgage Insurance Inspection to guarantee that YOUR buildings do not fall on someone else's property. Mortgages cannot be writtn if such problems exist. the Mortgage Insurnace Ins[pection is run to make SURE that no one else owns the property.

not a good situation to be in

rarely but I gave heard of certain situations where you have USE of the property but do not OWN it

U can not build a house on someone else's property. I thougt it was obvious to everyone

Serious problem. Get off the computer and go visit a real estate attorney...right now.

Ask a lawyer

It’s trespassing and illegal .