Legal Question in Real Estate Law in Illinois
The property adjacent to ours was purchased by a contractor who tore down the existing home and is nearly finished with the new home. When grading his lot he excavated beyond the property line, removing some of our land. I think the property line in question was estimated at the time of excavation and not accurately surveyed and marked until recently when construction is nearly completed, revealing this issue. It is now apparent that a portion of our land, approximately 60 feet in length and varying in depth and width from a few inches to greater than 3 feet was removed without our permission. If he does not restore our land to its original condition what causes of action or remedies are available to us to compel him to do so and would we recover the costs and expenses of such actions should they be necessary? Thank you for your time.
2 Answers from Attorneys
Based upon your description of issues, you should have strong merits to pursue the homebuilder, the surveyor and possible other parties, depending upon the facts. If you would like to discuss further, please feel free to contact me. My firm handles these types of matters and once we have all the details, we could recommend a proposed course of action.
Thank you,
Namit
312-952-7733
Also be careful that he didn't change the grade of his property so that now it could cause run-off, ponding and flooding onto yours. Over time that could be a bigger issue for you.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.
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