Legal Question in Real Estate Law in Hawaii

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Legal Question

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If I build a structure on someone else's property (originally with their permission) but its not certified with any government building office, and not removable except by demolition. If I bought the materials, and payed for construction, I own the building right? Can they stop me from gaining access to it? Can they break into it with out my permission and claim it as theirs? How do I maintain legal control of my property when its built on someone else's property?

what if it is Hawaii- what are the laws there?

Asked on 1/05/12, 2:07 pm

1 Answer from Attorneys

Jon Zahaby Tour bus, scenic and sightseeing, operation

This is a difficult situation for you. My quick answer would be that unless you obtain an after-the-fact permit for the structure with owner consent along with an easement for access to the structure from the owner, you DO NOT have the right to go on the property. You also have no rights to the structure except possible detrimental reliance damages (meaning the owner induced you to pay for and build the structure by promising to get it permitted or something similar) You may even be liable for damages for erecting an unpermitted structure on the property should the County decide to issue a violation. Thank you, Jon A. Zahaby, Esq.

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Answered on 1/05/12, 3:43 pm

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