Legal Question in Real Estate Law in Illinois
I live in Chicago, Illinois, and I have a neighbor / property line issue�
Quick synopsis:
� moved into house about 3 years ago
� 1+ years ago, I custom built a big play set close to the fence between our yards
� A few weeks after it was built/done, my neighbor said, �you know you built your play set on my property� --- I was not aware, but it was already done, what could I do?
� Just now, our neighbor�s son came over and said she wants the fence moved, which means I have to move the play set, which will probably take me 40 hours to move
I am ok with them paying to move the fence, and at this point, I am not disputing the fence line � my survey shows a discrepancy, but I was not aware of the issue before building, and if I was, I would not have built the play set that close,,,,, the surveyor did not �red flag� it to me, and even after I went back to the survey myself, I could not tell by looking, and I had to call the surveyor and he confirmed the 1 to 1+ foot discrepancy
Do I have to move the play set?
1 Answer from Attorneys
Hard to tell the way you explained it. If YOUR survey shows that YOUR fence is on your neighbor's property and you built the play set up to the fence, yes. You took a risk installing anything in the yard without having your property lines identified for construction purposes. I can't respond to the fence issue as there isn't enough information. But if it is your fence over their line and they are willing to pay to put it where it belongs, this sounds like a fair compromise since otherwise you have to pay for moving the fence too. PS if this is a wood stockade or similar fence with fence sections mounted on posts, there is an easy way to tell whose fence it is: if the fence posts face YOU then the "good side" faces your neighbor, which is correct. The thing is that your neighbor should produce a copy of THEIR survey so you can compare theirs and yours -- sometimes surveyors can be off. And if everything is correct, then you and your neighbor should be able to agree on exactly where the fence should go: the good side should be "on line" so the fence posts are within your property (if that's the kind of fence it is).