Legal Question in Real Estate Law in Illinois

Re: Property line issues

The property line extends below the surface and above the surface as well. So if your fencepost encroaches on your neighbor's property, he could compel you to remove it. If you comply with all zoning laws as well as with the lines of a professionally prepared survey, you should be ok. If your neighbor sues you, you would be best served by obtaining legal representation.

Re: Property line issues

Apparently neither you nor your contractor had the authority to put concrete on your neighbor's property, and if the contractor did, the neighbor may be able to get you to remove it.

But you have not told us whether the contrete is, in fact, over the lot line. If it is, your contract has erred, and should fix it for you. He should be responsible for retaining counsel in this matter.

But you seem to have a neighbor propblem which has little to do with this fence or concrete, and lawyers won't help much in solving that problem.

Re: Property line issues

The real question is: where is the concrete?(where is Waldo? just a joke). Seriously, if the concrete extends over the line, your "neighbor" can make you remove it. You have to compare where the concrete is vis a vis the lot line as depicted on your land survey. It NEVER hurts to have a lawyer. Call your contractor and have him come out to review his work. And, GOOD LUCK, especially with your neighbor.

Re: Property line issues

Your property line is really a plane extending above and below the surface. Theoretically, your neighbor could bring an action to remove any encroachment on your neighbor's property, no matter how trivial. But, you can put a fence right up to the lot line. There is no set-back requirement, so long as you have located your fence correctly with a survey, etc.

Fences are a source of dispute since time immemorial, and one of the things title companies do not want to insure. They breed ligitation. There is some hope. In ruling on an encroachment of nine bolts suspended over the lot line, at least one Illinois appellate court, BROWNSTONE CONDOMINIUM ASS'N v. GELLER, 91 Ill. App.3d 823 (1980, has held: Although the trespass is technically ongoing, I acknowledge that the nine bolts do amount to a trespass, so that that trespass apparently is a technically ongoing trespass.

It seems to me that on the basis of these proofs, the mere fact there is a trespass does not warrant any affirmative action by the Court. The close quarters of an urban society demand flexibility when we encounter an intrusion on our personal bubble. In a metropolitan area of seven million people, none can deny that their rights, real or imagined, are infringed upon with regularity. The limitations on the judicial system make it obvious that each of these transgressions cannot be litigated. **** To my view, on the record that we have so far in this case, this case is just that � nonsense.

This ruling is not an invitation to Mr. Geller to go out and drill nine more holes or attempt to increase his technical trespass, because it must be obvious to him and to his counsel that there is a point beyond which the Court cannot cavalierly call a case nonsense and must make a ruling. It's also obvious that when the trespass is of more significance, it will demand and secure the attention of the Court. I believe this case is not at the crossroad yet � it may never get there.

So, for these reasons, the motion for preliminary relief is denied."

In sum, if your neighbor sues, get a lawyer. And, after your lawyer has all the facts, including whether your concrete post below ground or the facade mounted on your fence posts encroach, then ask him or her what the likely result (and the cost) will be. Your biggest problem is your neighbor, not the fence.

Re: Property line issues

Technically, if the concrete crosses the line, then you are tresspassing. However, it is up to the court whether it chooses to force you to comply by removing the concrete. This can be seen as waste by the court in that it would be economic waste to remove it if it would be expensive. So, my suggestion is first: try to have the contractor change the position of the concrete. If he does not, then try talking to your neighbor. If that doesn't work, then he may sue you. Technically, you have already lost based on the law. Be prepared that if you lose though the court may ask you to cover his court costs.