Legal Question in Real Estate Law in Illinois

Property Line
Last spring my neighbors built a privacy fence around their back yard without surveying their property first. Later in the year (fall) I had my land surveyed and found out their fence is over the property line by 2 feet or so. The surveyor told the neighbors the fence is over the line but they still haven't removed the fence. I plan on installing my own privacy fence around the back yard and want to include all of my yard. Can I have them move their fence or can I tear the fence down before building my fence? I plan on hiring a contractor to build my fence but I'm not sure if he/she will want the fence moved beforehand or if they have enough right to tear down the neighbors existing fence. I know the surveyor mentioned the fence legally belonged to me now but I want to be sure I won't get in trouble for removing their fence and the other garbage they've stored in my yard for the past year!

Thanks!

Asked on 1/03/08, 4:00 pm

5 Answers from Attorneys

Nicholas Chrisos Nicholas G. Chrisos Attorney at Law

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Re: Property Line

You can have the fence removed or legally remove it yourself. As a practical (if not legal) matter, you should talk to your neighbor before you take any action. Also, put a notice of some kind in a certified letter before you take any action so that you can prove (if need be) that you gave them ample warning. Finally, see if the municipality or a division thereof (cops, zoning, etc.) will offer to get involved.

You should do something though, because if they use it in this fashion long enough (probably 20 years), they may end up with ownership of that part of the land.

Answered on 1/03/08, 6:32 pm

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John Steele Steele Law Firm

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Re: Property Line

Of course you can remove the fence! Its on your property. In fact, if the fence somehow harms your property, you can sue him (this is unlikely).

Answered on 1/04/08, 2:18 am

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Re: Property Line

This is your neighbor and you have to live with that knowledge. First try the courteou approach. Send them a certified letter asking them to move the fence over two feet by a certain date. Advise that if they fail to do so, you will remove the fence from your propery and that they will be responsible for the cost. Provide them a copy of the survey and outline the encroaching area.

If the letter does not work, you can remove the fence and sue for the cost of doing so.

Answered on 1/04/08, 10:54 am

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