Huntsville, AL asked in Land Use & Zoning and Real Estate Law for Alabama

Q: There is a vacant lot near my current location. I would like to use this land for a community garden!

There is a vacant lot near my current location. I would like to use this land for a community garden, but don’t know if it’s okay to legally use or not. I have consulted with a local realtor only to find out there are no past nor present history on the property. Can i use this land without purchasing it and even if I could, would it be a legal risk?

1 Lawyer Answer
Anthony M. Avery
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  • Real Estate Law Lawyer
  • Knoxville, TN

A: Your local realtor has no idea. A title search should disclose the present owner, who you might ask permission of to garden. Using the property is a trespass, but could develop into adverse possession. Checking the taxes might also disclose the opportunity for legal acquisition. Investing substantial amounts of money and time in something that is not yours is risky.

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