Legal Question in Real Estate Law in Illinois
if my fence is on the lot line, do I own both sides. Is my neighbor allowed to pile 3 feet of dirt against it and build an alter. And pound yard sculptures onto it?
1 Answer from Attorneys
Sounds like you bought the place and the fence was already there. Most local ordinances require that when you have a fence installed, the "good side" must face your neighbor. What that means is this: are the fence posts on YOUR side of the fence? If they are, this is more likely your fence (it may also show up that way on the survey you should have gotten when you bought the place). If the fence posts are hidden and on your neighbor's side of the fence, the fence is most likely your neighbor's. SOME fences have "2" good sides where the actual fence panels are mounted between the posts. Then there's NO way to tell whose fence it is and you might have to talk to your neighbor about when it was put up and who did put it up. Once you know whose fence it is, then you can tackle the "altar" question. If it's your fence, this is a trespass unless your fence is actually OVER your property line onto your neighbor's (check your survey) in which case you and your neighbor have something to "work out" because your neighbor could also make you MOVE your fence to your property line (you may think it's on your property but it is possible between your survey and your neighbor's it could show up elsewhere!!!! If it is your neighbor's, well, let your neighbor destroy his own fence. Real estate can be a lot of detective work when all you have to go on is what is "visible." Good luck.