Legal Question in Real Estate Law in Illinois

Fence problem

I have a cedar fence that encloses my backyard. The guy behind me did some digging around his house, and wheel barrowed the dirt into his backyard, and piled the dirt up against my fence that borders our lots. There is a LOT of dirt, in some cases reaching three feet high on the 4ft fence. Its causing the fence to lean, and I'm sure will accelerate the degradation of the cedar. I will be saying something to him the next chance I see him, hoping this is only a temporary layover for the dirt until he's done with this project. But just in case he comes at me with '' well its in my yard'', what sort of remedy can I go in armed with? The way this guy keeps his own yard, I don't think he will be too concerned with anybody elses, so I'm sort of expecting a hassle. Thanks for any advice!


Asked on 9/15/07, 6:46 pm

1 Answer from Attorneys
Walter Palmer Law Office of Walter Palmer

Re: Fence problem

The property line is straight up. If the to pf the fence is leaning twoard your property, inward, then at least the top of the pile is "on" your property.

Second, he is not allowed to damage your fence.

Property extends from the center of the earth (unless the mineral rights have been sold) to the edge of the atmosphere.

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Answered on 9/15/07, 7:15 pm


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