Legal Question in Real Estate Law in Illinois

We purchased a house in February of 2013. The neighbor's fence was constructed years ago and is over 2 feet onto our property. The fence is in very bad shape and he said he is replacing it in October. We would like to talk to him and ask that this be corrected when the new fence is put up. Of course, we want to approach him with this the right way and we want to keep on a friendly basis with our neighbors but want this corrected. Does he have the right to say no? Since it's been like this for so many years, does he have rights to that portion of land?


Asked on 8/28/15, 8:49 am

1 Answer from Attorneys
Stephen Messutta

Most communities require a permit for fences, precisely to fix boundary line issues, and require you to produce your survey to prove where your line is for that purpose. You should compare surveys and if you two agree that they are accurate, then the new fence should follow the property line. If there is a survey inconsistency, however, that could be a bigger problem for both of you. But you should start comparing since it sounds like you have at least a cooperative neighbor.

Read more
Answered on 10/07/15, 10:32 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Illinois