Legal Question in Real Estate Law in Illinois

We have been notified by a neighbor that our fence is 1/4 inch over her property line and that we have x amount of time to have the fence installer return and re-do the fencing otherwise she will proceed to sue.

note: Isn't this a little ridiculous? Do we have any other course of action?

fyi - This person does not negotiate nor do they care if this issue destroys a friendship.

Please advise.


Asked on 1/02/13, 5:56 pm

1 Answer from Attorneys
Stephen Messutta

While these are technically correct you may have several options.

1. Ask them for a copy of their survey and match it up with yours. Just because they think it's over the line may not be true. They would have to prove it.

2. Have the fn e company handle the situation: get a letter from your neighbors making the claim and give it to the fence company.

3. Have a building inspector review the situation.

Assuming the fence was erected pursuant to a properly issued building permit you may have a leg to stand on under an of the above and if the fence contractor screwed up then it would be the contractor's responsibility. You may want to have an attorney help you navigate the situation as a buffer between you and your neighbors.

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Answered on 1/04/13, 2:29 pm


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