Legal Question in Real Estate Law in Illinois

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My wife and I bought a house and noticed after the survey was done that a pool deck encroached into the neighbors property. the title company preceded with the sale and we have owned the home since 2005. Since then our neighbors foreclosed on the home and new owners bought the home. They are insisting that he now owns the deck and is planning to tear it down and erect a fence in place of it. what is our legal claim to that parcel or deck that is in that spot. he even went as far as to take down a portion of a fence (5 to 6 feet) down now to reclaim the parcel.


Asked on 4/18/14, 4:04 pm

1 Answer from Attorneys
Henry Repay Law Offices of Henry Repay

Go back to the attorney who handled your closing and have him or her review the details from the file and discuss with the attorney why he or she did not have you protected against this through the title company. I am not at all surprised that real estate agents and the title company allowed you to close, but your attorney should have made sure you were insured or should have advised you about the risks. Do you have details of how long the deck had been there. Work on this now as your rights, if any, may be impacted by any delay.

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Answered on 4/18/14, 6:58 pm


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