Legal Question in Real Estate Law in Illinois

I'm putting up a privacy fence on both sides of my property. My surveys (I just paid for a second one) say the existing chain fence on one side is over my property line by 3+ inches. That particular neighbor refuses to allow me to install new fence in proper location claiming he owns that. I need to know who I can call or how I can settle this ASAP so my contractor can finish this fence. Thanks.


Asked on 8/16/16, 7:24 pm

1 Answer from Attorneys
Stephen Messutta

Settle? Your neighbor seems to be claiming he owns part of your property now - the part his fence sits on. It's called adverse possession. You will need him to show you a survey of his property. You will need to pull out the survey and title insurance policy you got when you bought your property. If his fence has been there long enough, he may have a claim, but he'd have to go to court to confirm it. So settle? After an attorney reviews all the relevant documents and information, and depending on the analysis, you may wind up having to offer to pay not only for your fence but removal and/or relocation of his, and he may not budge.

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Answered on 8/17/16, 8:50 am


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