Legal Implications of Occupying an Illegally Built House

Laws vary from place to place, but there are some general legal principles that apply universally. One such principle is the fruit of the poison tree. According to this principle, derived actions from an illegal act also become illegal. To understand this concept, consider a scenario where a house is illegally built; any use or occupation of this house can be illegal under the legal concept of the fruit of the poison tree.

Theoretical Scenario: Living in an Illegally Built House

Say someone illegally builds a house on a piece of land without the required permits or lawful approval. As per the law, this house exists only under the status of an illegal structure. If you enter and live in this house, this act is considered illegal. In other words, to live in something illegal is itself illegal.

Avoidance and Legal Integrity

There is a stark contrast to the scenario described above. This involves the concept of adverse possession. Adverse possession, also known as adverse occupation, is a legal process that allows someone to claim ownership of a property after occupying it for a certain period without the owner's permission. However, for adverse possession to come into play, the following conditions must be met:

The building of the house must have been done legally. The owner must then abandon the house completely. This includes not living in it, not performing necessary repairs, not paying the due taxes, and not responding to any inquiries or notices from the authorities. The possessor must continuously occupy the property, making improvements or alterations to the structure as needed.

By this principle, another individual can occupy the property without the original owner's knowledge or permission. This is strictly a legal process and is subject to the laws and regulations of the jurisdiction in which the property is located.

The Doctrine of Fruit of the Poison Tree

The doctrine of the fruit of the poison tree further emphasizes why living in an illegally built house is problematic. This legal principle originates from a similar scenario: if evidence is derived from an illegal search, that evidence is inadmissible in court. Similarly, if an illegal act (such as building a house without proper permits) is the "poison tree," any action derived from that illegal act (such as living in or occupying the house) is also "fruit" of that illegal tree and therefore considered illegal.

Conclusion

The relationship between living in an illegally built house, adverse possession, and the doctrine of the fruit of the poison tree is complex and nuanced. While adverse possession can theoretically provide a pathway for a person to occupy and claim ownership of a property under certain conditions, entering or living in an illegally built structure is still illegal.

It is crucial to consult with legal professionals to navigate these complex issues in your specific jurisdiction. Ignoring the laws and occupying or living in an illegally built house can result in costly legal consequences, fines, and even criminal charges.