Legal Question in Real Estate Law in Illinois
Garage built on non existing road way that was suppose to be an 50 ft. road. Township was giving us the road only to find out from farmer that he has owned half since 1933. They still want to give us the other half. They want to give us a quick claim deed but im afraid to do this for fear the other half might have been sold and had a title search done and was told the road was 50 ft. only to find out they were wrong. The record keeping is very bad here.dONT HAVE MONEY TO PAY FOR A COMPLTE SEARCH AND THE TOWNSHIP WILL NOT WANT THE EXPENSE .Do I go forward or not.
1 Answer from Attorneys
If you are not sure that the township has the right to convey the property then I would not go forward, especially with a quick-claim (quit claim). Quit claims just convey, they don't give you any assurance that the party conveying has any interest to convey. If you can't do a complete title search, then you are taking a big risk that the township won't take your money and shrug its shoulders if it turns out they don't have the right to convey the property.