Legal Question in Real Estate Law in Illinois

land dispute

we have land that a power plant ran a survey the wrong way to ensure they got the piece of land they needed now we have to proof them wrong we dont have the money to do so but we are right how do you fight abig power plant?


Asked on 2/20/03, 12:41 pm

1 Answer from Attorneys

Mary McDonagh McDonagh-Faherty Law Offices

Re: land dispute

I take it that this is only a recent event. If it is long term, they can have rights from usage (adverse possession). On the basis that this is recent: You should notify the power plant in writing that you are giving them notice that they are on your land and ask them to restructure their property lines to reflect the correct property lines. Put them on notice that you do not agree with their moving those property lines. If they refuse to comply, you have no real choice but to enforce your rights by going to court with the proof - proof will include past surveys that can be obtained from your local county department of plats and surveys. They will have a history of all maps and plats for your land and if you get copies that show this, then you have most proof. You will also need to prove your ownership in the land - get copies of your current deed from the Recorder of Deeds Office to show the legal description of your property. You can then go to court pro se and try to get the filing fees waived if you can show that you do not have the financial means to do otherwise. You will get help with your pro se motion at the courthouse. It can get complicated once you get to court but if you file the complaint with the relevant maps and deed to show your rights and whatever other proof you have that they have trespassed onto your land, you should be OK. However,I must stress that an attorney is always the best way to go because an attorney can ensure that the process runs smoothly. Without knowing all of the details of your case, this should not be construed as legal advice.

Read more
Answered on 2/20/03, 3:12 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Illinois