Legal Question in Real Estate Law in Illinois
Boundary dispute resolved?
New neighbors to my north disputed where I told them the shared boundary of our property was by piling tires and brush on my property, and demanded a survey to prove where the line was. I got the survey to protect myself and the line is even closer to their home than I originally thought it was. Not the outcome they were hoping for. They immediately removed some of the debris without being told to, but not all of it. Also, the line is very close to the foundation of part of their home (1-2 ft) and about 75% of a brick walkway they use to access their back door is on my property. They will need to get a survey to access their property on the north side of their house as their neighbor on that side has a fence in place, but they should have room to make an access point there. Can I move the debris they left onto their property and remove the bricks in the walkway that are on my property? I believe the walkway to be less than 10 years old. Thank you.
1 Answer from Attorneys
Re: Boundary dispute resolved?
Be sure to take steps to protect your rights. A walkway on your property is a big problem because your neighbor's open and notorious use of the property may allow them to take ownership of your property through adverse possession.
To avoid problems with the debris on your property first give the nieghbors a seven day notice to remove it or else you will dispose of it. This will avoid the brunt of their wrath.
More importantly you should offer the neighbors a license to use their walkway on your property by paying you an annual fee. The license (a recorded signed agreement) will ensure the neighbors will not assume color of title to your property through adverse possession.
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