Legal Strategies for Responding to Unauthorized Structures on Your Property

Understanding the Situation

Construction on your land without proper authorization can create significant legal and financial challenges. If someone builds a structure on your property without permission, it's crucial to take swift action to protect your rights.

Immediate Action: Filing a Legal Complaint

The best way to address the situation is to file a complaint in civil court immediately. Delaying action can result in the unauthorized structure becoming legally owned by the builder, making it more difficult to remove. This is known as adverse possession, where someone can claim ownership of property if they have possessed it for a certain period without legal challenge.

Finding the Building Permission Requirements

Buildings require permits, which often include surveys of the land. Your local government will have approved the location of these structures, and they have the authority to order their removal. Unless you're in a non-zoned area, your local authorities have jurisdiction over building permits. You should exercise your right as a taxpayer to ensure compliance and protect your property.

Clearing Up Trespassing Issues

Legally, the structure and everything within it are yours since it's on your property. If the unauthorized builder attempts to access the structure or enter your property, inform them that they are trespassing and demand that they leave. Also, consider calling the police if they refuse to comply.

Options for Removing the Unauthorized Structure

Depending on your preferences, you have several options for handling the unauthorized structure:

Removing the Building Yourself: If you decide to keep the building, you can proceed to have it removed. However, it's important to first obtain permission from the judge, either through court proceedings or a consent order, to ensure legal compliance. Filing Damages: In some cases, you may choose to destroy the building yourself but would need to file for damages to cover the costs of demolition. Additionally, obtaining a restraining order to prevent the builder from returning can be a wise precaution. Claiming Salvage Value: Alternatively, if the building is of no use to you, you could claim salvage value for materials and sell them. This option can provide some financial compensation and reduce clutter on your property.

Contacting Legal Counsel

Dealing with an unauthorized structure can be complex. Consulting with a legal professional is highly recommended to understand your rights and the best course of action. A lawyer can provide guidance and represent you in court if necessary.

Conclusion

To avoid any legal complications and protect your property rights, it is crucial to take decisive action immediately. Whether you decide to remove the unauthorized building, negotiate with the builder, or take a different approach, staying informed and adhering to legal procedures is paramount.