Legal Question in Real Estate Law in Illinois

1. You can put up the fence whether or not there is an easement. All an underground easement allows for is the right to dig in case of need.

2. The fact they refuse to show you any proof is an indication that they are lying, but only an indication. If it is not on the title search it does not exist.

I would go ahead and put up the fence, which I believe is what they are really trying to stop, and let them prove it, in court if necessary.

Do yourself a favor and put up a reasonable fence. Look around the neighborhood and put up something in line with what the other neighbors have. They are already against it and if you put up some monster of a fence it can be attacked on those grounds.

Look at your title POLICY. I would disagree that it does not exist if it is not on the title search, since title searchers and abstractors have been known to miss things. Even if it is not on your policy, it may still exist, but you may be able to make a claim for damages against that title insurer. In any event, discuss the details of your situation with a real estate attorney, so that he or she can review the relevant documents and understand your situation in a little more detail.