Legal Question in Real Estate Law in Illinois

I have a garage which was built in 1965 My new neighbors which has been their less than 1 year says that my garage is 3 feet on their property and want me to move my garage my question is since my garage was built in 1965 and the neighbors house was built in 1978 and there has been four families live there since 1978 can they make me move the garage


Asked on 9/08/16, 8:52 am

1 Answer from Attorneys
Stephen Messutta

1. Do you have a survey of your property? Did you get a building permit for the garage?

2. Did your neighbor show you their survey? When they purchased they should have received one and if the garage was shown as over the line they should have done something at the time. Taking with notice of an encroachment may foreclose them.

3. In Illinois after 21 years if they try to sue you to remove it, you may have a valid claim for "adverse possession". That could stop them in their tracks.

4. To be 'good neighbors' an easement could be arranged as long as the garage is there.

5. If YOU bought your property with the garage there and the survey you got showed it over the line, you may have taken with notice of the encroachment. If you didn't get title insurance covering it, you may be at risk.

6. See an attorney once you and your neighbor share surveys.

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Answered on 9/08/16, 11:14 am


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