Legal Question in Real Estate Law in Illinois
My neighbor told me he is replacing an existing wire fence with a privacy fence. The existing fence has been in place for at least 40 plus years. A city ordinace requires property to be surveyed prior to construction of a new fence if the property line markers cannot be found. After having his property surveyed, he told me his property line is five feet into my property and he intends to put the fence on the property line which is allowed.
My question: Is there a grandfather clause in Illinois (Henry County) concerning existing fences and what are my rights?
2 Answers from Attorneys
You probably have ownership rights by adverse possession. Copntact a local attorney.
You might have a claim for ownership by adverse possession, but there are many criteria which must be met. You need to consider if the value of this property to you is sufficient to give up a good amount of money, time, energy, and neighborly relations.
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