Legal Question in Real Estate Law in Illinois

Establishing Property Line?

We have a recent property survey (Aug. 2000 when we purchased our home) establishing our property lines. The neighbors to the west disagree with this survey, and continue mowing as if the property line was 3 feet into our side (the lot is 150' deep). They have lived there less than 15 years (no continual use). We want to build a fence along the property line, but are unsure of the legality of our survey (can they sue us if we put it up?). How do we establish the legal property line? Who has the burden of proof?


Asked on 5/01/02, 7:56 pm

1 Answer from Attorneys
Jay Pollak The Pollak Law Firm, LLC

Re: Establishing Property Line?

While most laymen think surveys are an exact science -- they arent. Though it is unlikely the either surveyor made a three foot mistake. The best way to resolve the problem would be to do so with your neighbor. Both agree to engage a surveyor and be bound by his finding. If this can't or won't then you need to get your fence permit from the village, if one is required, and start puting up the fence. The burden will then be on the neighbor to stop you. He will be required to file suit and prove you are wrong. He will have the burden not you. If he has been mowing the property for 15 years and its yours it time to put a stop to his conduct.

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Answered on 5/01/02, 8:10 pm


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