Legal Question in Real Estate Law in Illinois
my fense, neighboors property
When I moved into my house 14 years ago, the
backyard was fensed in. Our Platt shows that the fense
on the north side was 3 feet on our neighbors property,
while the fense on the south was 3 feet in on our
property. I have been told ( I don't know for sure) that
most of the yards on our block are shifted a few feet to
the north.
In recent weeks my neighbor to the north has been
suggesting that he plans to reclaim his property. I am
not sure what he has in mind but I prefer the status
quo.
Do I have any legal rights in this matter.
2 Answers from Attorneys
Re: my fense, neighboors property
You may, depending on how long you have occupied and used the property. There are adverse possession issues. But I suggest you be sure to initiate the action rather than wait to come home and find your fence moved! You should get a lawyer - this stuff can get tricky.
Re: my fense, neighboors property
Under Illinois law, a party can obtain ownership rights of another's property if he has "adversely possessed" the other's property under certain circumstances. Generally speaking, if one possesses another's real property in an open, continuous, exclusive, adverse and notorious way, the ownership of the property could switch if a long enough time has passed.
Stated differently, if you take someone's property in a very open way -- such that the property owner should know of it -- for a long period of time, the property becomes yours. In Illinois, I think the period of time is 20 years, although I have not researched this issue in some time and it could be different than this length of time.
The fence is at least 14 years old. Do you know how old it is?
-- Kenneth J. Ashman; www.AshmanLawOffices.com
This communication is intended for general informational purposes only and is not intended to create an attorney-client relationship, which, under the policies of Ashman Law Offices, LLC, can only be created by execution of a formal retention agreement.
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