Legal Question in Consumer Law in Illinois

Fence company put fence into neighbor's yard

In June of 1999, I hired a fence company to put up a fence in my back yard. The fence company was instructed to put the fence as close to the property line as possible, per the lot survey. They were given a copy of the survey (the survey was performed in May 1999). The fence was erected in June of 1999. In October 2001, the house next door was sold, and when the new owners had their survey done, it showed my fence as being about 3 feet into their yard. I have now confirmed that my survey was correct, and the fence was indeed misplaced. Is the fence company liable for fixing this mistake after all this time, or is it now my responsibility?


Asked on 3/30/02, 9:42 pm

1 Answer from Attorneys
Michelle Youkhana Law Office of Michelle C. Youkhana

Re: Fence company put fence into neighbor's yard

Generally yes the fence company might be liable under a theory of negligence (2 Year statute of limitations arguably starting the date you learned of the negligence) espicially if you have proof that you suppled them with a survey and instructions on where to put the fence. However, be sure that there was no disclaimer on your receipt or in a contract. Additionally, depending on the terms of the contract (assuming there was one) you may have a cause of action for breach of contract which has a 10 year statute of limitations. If you need me to review anything for you or would like to discuss this further I can be reached at 312-456-0900.

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Answered on 4/03/02, 7:17 pm


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