Legal Question in Real Estate Law in Illinois

There is a 25'x75' piece or real estate located adjacent to our property in city limits of Galena, IL that was platted, but has never been claimed on any of the deeds going back to 1865, the earliest record available. We checked all the neighbors deeds as well- apparently, it was a lead mine at one point, but was filled with local trash, debris and rubble according to the 85 year old gentelman who lived next door as a child. We have had to fill it twice with large concrete pieces to prevent the washout of our yard. Since it was never claimed on the deeds, and the title company did not find records, what can we do to either claim or annex it? The fence that is on our property now actually runs across the lower section of this parcel, and our plans are to fill and build a retaining wall to prevent further washout. The city has indicated that they are not liable, as the property is not theirs (or anyones) and there is no tax record. They simply thought it was ours...


Asked on 9/23/12, 11:46 am

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

Well, it belongs to someone. It may still be the federal government if no patent was granted. If it is part of a subdivision (e.g., Lot 1 of the original town of Galena), it will be easier to track down than if it is metes and bounds (e.g., Starting at a point at the northwest corner of Section 9, thence east fifty feet, etc.). It will depend on the specific facts of your situation to determine if you are able to make a valid claim for the real estate. You might try contacting a real estate attorney in your area for assistance.

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Answered on 9/25/12, 8:52 am


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