Legal Question in Real Estate Law in Illinois

I have a neighbor / property line issue - quick synopsis:

- I have lived in our house for about 3 years

- 1+ years ago, I custom built a big play set close to the fence between our yards

- few weeks after it was built/done, neighbor said, �you know you built your play set on my property� --- I was not aware

- just now, our neighbor�s son came over and said she wants the fence moved, which means I have to move the play set, which will probably take me 24-40 hours to move

- the fence belongs to my neighbor, probably 50 years ago, they built it too far in on their property, giving us an extra 1 foot or so

I am ok with them paying to move their fence, and I am not yet disputing the specifics of the fence line error � my survey shows the issue,, but I was not aware of the issue before building the playset, and if I was, I would not have built it that close,,,,, the surveyor did not �red flag it� to me, and even after I went back to the survey myself, I could not tell by looking, and I had to call the surveyor and he confirmed the 1 to 1+ foot discrepancy

My playset is on their property, per the survey - do I have to move the playset, because they want to move their fence to their property line?

Does it matter if it was their fence, their error putting it up 50 years ago?


Asked on 8/10/12, 1:56 pm

1 Answer from Attorneys
Stephen Messutta

No. Your survey governs the limits of your property. If in fact the fence has been up over 50 years, I would want to have an attorney review the entire situation before creating WWIII over this. After 21 years an action to quiet title and/or adverse possession could put your property at risk.

Read more
Answered on 8/11/12, 10:02 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Illinois