Legal Question in Real Estate Law in Illinois

Your Title Insurance company would probably refuse to insure the title because of the encroachment and the deal will fall through.

You can just cut the trees down after closing and be well within your rights. Taking a chain saw to somebody's house is not going to work, however. Unless the neighbor's house is a mobile home, moving it is not an option.

You do not own the property until the deal closes. You can back out of the deal - the you could threaten a lawsuit for civil fraud if you don't get your deposit back. You signed the contract free of problems - you have a problem, so the contract is void. You have to assert that 'voidness' though. I suggest that you hire a lawyer to help you in this. You are in a strong position so it should be easy to get out of the deal. If it goes to trial, you have a strong claim for legal fees from both the developer and the encroacher.

My guess is that the developer will try to get you to buy a smaller piece of property - the un-encroached portion of the lot. My advice is to back out of the deal totally. I would be worried about other hidden problems.

(Always glad to help someone from Sherman. I grew up on North 6th in Springfield)

Walter and all of us who answer in the Law Guru forum are happy to help those who post here. That being said, Walter is correct. You really should back our of the deal and ask for a refund.

Either the developer is shoddy or careless. Either way, you do not want to be involved with him.