Legal Question in Real Estate Law in Illinois
Common Law right to enjoyment of land property
I reside in northern Illinois where I own Lake Property. My Lake Association has raised the level of the lake, I live on, by adding a board to the spillway dam. This condition has flooded the back 350 feet of the property, which is 650'x 50', for a period of 20 mos. I was never notified and assumed it was a condition brought about by excessive rain. Last month I learned that a permit was granted to the Association by the Dept. of Natural Resources. The flooding has made it impossible to use, maintain and enjoy my property and my lake access has been cut off. Is there a common law case, I can site to help me with my complaint to the Dept of Natural Resources in order to convince them to revoke the Permit and restore the lake so the flooding is stopped.
1 Answer from Attorneys
Re: Common Law right to enjoyment of land property
You do have an interesting problem. And, interesting problems can be very expensive to litigate. What does the association say for itself? Was this voted upon? Is the property of other homeowners involved?
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