Legal Question in Real Estate Law in Illinois

We have had a 2 acre blueberry patch right on the west side of our property since 1986. We have mown along the west edge, which requires the tractor mower to be partly in a section of farmland the neighbor uses as a roadway to another field. A new owner wants to put up a fence on the boundry line, which would prevent us from maintaining the blueberries. We intend to see if we can negotiate a mutually satisfactory solution, but if that fails, do we have some sort of right of way from over 20 years of continual use? This is Illinois farmland.


Asked on 1/31/10, 3:08 pm

1 Answer from Attorneys
Patrick Crotty Crotty & Smyth

What you are attempting to do is to assert "adverse possession" rights over the property. Your "possession" needs to be adverse, open and notorious. Such a determination is very fact intensive. You should consult an attorney licensed in the state the property is located to see if your possession amounts to adverse possession. The fact that you have been asserting some rights for 20 years is a start in the right direction.

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Answered on 2/09/10, 10:30 am


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