Legal Question in Real Estate Law in Illinois
Encroaching Storm Drain
We purchased a new home in 1999 (we are the first residents). Our property extends across a stream and up the hill, bordering on a trailer park. The property line at the back was unmarked, and we hired a surveyor to locate the property line. He finished last monthe, and we discovered that the trailer park has a storm drain running some 40 feet into our property, and which has caused significant erosion on the hillside. Additionally, a sizable wedge of land (about 40' deep and 75-100' long) is ours, but has been cut back and used as ''yard'' by the park's residents. We want the park to remove the existing storm drain (we will grant an easement for a buried drain to the creek) and repair the erosion damage. We also want to fence the property. Would they have grounds for either adverse possession or a prescriptive easement preventing us from fencing or requiring the removal of the drain? (I do not know the age of the trailer park)
1 Answer from Attorneys
Re: Encroaching Storm Drain
Knowing the age of the trailer park, would be a bonus. Unless the trailer park was paying taxes on the land in question, it is seemingly doubtful that the principals of adverse possession would apply. I don't know where you reside, but I'm sure that where ever it is, you can find an attorney with a real property background to assist you in this matter. Good luck!
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
