Legal Question in Real Estate Law in Illinois
Boundary issues
My wife and I purchased a home in Illinois in 2003 which borders on my father-in laws farm land. The home was built in the 1920s and has a driveway and garage which my in-laws claim is on their property. My in-laws inherited and purchased the farm land the borders our home site. All the years that the house has been in existence this issue of property boundaries was not dealt with until my wife and I purchased the home. When we purchased the home we were given a clear deed and title insurance to the property. My question is � since we had a clear title at the time of purchase and also due to the length of time having passed with no prior action being taken by my in laws; do they have a legitimate claim?
2 Answers from Attorneys
Re: Boundary issues
You'd have to look at the deed and survey from when you purchased and see what plot of land is legally described thereon. Basically, whatever it says you bought, you bought.
The only exception to that might be "adverse possession", whereby under certain circumstances you can lose or acquire more or less land than you purchased after 20 years of "adverse" use. But without knowing more about the history of the land, it's impossible to know if your in-laws may have such a claim.
Ultimately, a lawsuit to "quiet title" may be your only alternative if the parties disagree about the boundaries.
Feel free to contact me if you have any further questions.
Re: Boundary issues
Your submision is unclear. Does the deed include that part of the property that has the garage and driveway? Was there a survery? If so, whose land is the garage and driveway on?
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