Legal Question in Real Estate Law in Illinois

I have owned my home for over 20 years with an above ground pool and deck in my back yard. My neighbor has a 4ft chain link fence enclosing their yard, adjoining one side of my yard about 70 feet long. They also have a large Rotweiler dog, that when out in my neighbors yard and sees us in our back yard swimming etc, stands on her hind legs and attempts at times to get over the chain link fence. So, 3 years ago we decided to put up a 6ft. wooden privacy fence next to the chain link fence. We got a permit and had a conversation with our neighbors of our intention to put up a wooden privacy fence next to the chain link fence. When it came time to install the wooden fence our neighbors were home and present in their backyard. The 2 men we hired to install the wooden fence had a conversation with our neighbors and said they may have to enter their backyard so they could set the posts and secure the panels of the wooden fence and wanted to know if it was ok, and if the Rotweiler was inside their house or out in the yard. Our neighbors said it was ok for the installers to come into their yard to install the wooden fence, and that the dog would not be in the yard. At that time the installers showed my neighbors where the first post was going to be set, and that it was going to be as close to the chain link fence as possible so that someone wouldn't have to go in between the fences to mow the grass. The grass growing could be mowed and maintained easier if the fences were as close as possible.. They asked my neighbors if the position of the posts and fence butting up against the chain link fence was ok and my neighbors agreed and said yes that it was ok. Recently our relationship with our neighbors has declined. We received a letter and plot survey rom their attorney yesterday, saying the fence is on their property, and gave us 10 days to remove the fence. I called the installer and he reassured me that our neighbors gave them verbal permission that day to install the fence up against the chain link fence, and that our neighbors were present the entire time they were installing the 70 foot long wooden fence next up against the chain link fence and didn't say anything about the location of the fence before, during or after the installation. Is there verbal agreement binding, or do I have to remove the fence? Please advise me as to how to address this matter. Thank you.


Asked on 7/12/16, 8:31 am

1 Answer from Attorneys
Elfreda Dockery Law Office of Elfreda Dockery

regardless of what your neighbor said, you need to get your own survey to verify whether the fence is on your property or your neighbor's property. You should then act according to the results of your survey.

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Answered on 7/12/16, 9:57 am


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