Legal Question in Real Estate Law in Illinois

we live in a subdivsion with a lake(retention pond)six houses have excess the lake and own the property that souround the lake the other 50 houses are paying for upkeep of the pond yet have no excess to the pond. an offer was made to purchase a portion of the property but the owners will not sell a portion. what can we do


Asked on 11/09/10, 8:49 am

2 Answers from Attorneys

Charles Dobra Charles Wm. Dobra, Ltd.

The ability to get to the lake is "access" not "excess". Nevertheless, you are paying why? Is there an association that you pay to? I'll bet that if you look at that document, you probably do have the ability to get to the lake. Good Luck!

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Answered on 11/14/10, 2:02 pm

Ten to one your retention pond was constructed as a result of a governmental requirement because of any number of factors: this was a wetland, there was a flooding problem, blah blah blah. The pond, therefore, may simply satisfy on-site storm water management requirements. Now granted, the homes on the pond may have a nicer "view" and even some rights, but the pond is most likely NOT a recreational feature, and must be maintained by ALL the homes in the subdivision as a condition of the subdivision's continued legal existence. Modifying the situation could result in EVERY home's currently legitimate zoning status being jeopardized. You folks need to check all of the legal documents that created your subdivision, including any documents relating to the pond, including any documents that were recorded and show up on any title insurance. So what is it you or some of you want to do?

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Answered on 11/16/10, 8:38 am


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