Legal Question in Real Estate Law in Illinois
We live out in the country on a dead end road that has about 25 houses with at least 5 acres of land each. This street is a subdivision that had a board association for the street. Warranty deeds were signed restricting many things including no building of a barn or barn like structure within 250 feet of a road. We want to build a pole barn to store our camper, boat, and lawn tractor. First question, is this considered a barn or barn like structure? Second question, we are unable to build further back due to the land, can we get some clause allowing us to build anyway? Final question, since there is no longer a board association for the street(subdivision) is the warranty deed null and void since there is nobody to enforce the rules?
1 Answer from Attorneys
1. A barn is usually an 'accessory structure' under most zoning codes.
2. This is complicated and will depend a lot on whether there are simply use restrictions on the subdivision plat or whether there there is some kind of community documentation like a declaration of an HOA. Sometimes use restrictions are in both. If there is none then the local zoning code may apply.
3. No. It just means the HOA is inactive, and could be reactivated, and sometimes if restrictions are just on the subdivision plat then all that may mean is that all lots are bound by the restrictions and any owner can enforce the restrictions on the plat against any owner violating them.
Since you sound like you're unsure of so much, it would make sense to hire a zoning attorney who can review the situation and advise you before you wind up having to tear down something you build without proper prior authorization or having to fight in court over it, or both.
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