Legal Question in Real Estate Law in Illinois

Re: real estate

The right to contact an attorney. If they will only "talk through their lawyer," I am going to wildly guess that there is not much room for compromise in this situation. They may have a valid claim for adverse possession, but you should talk to an attorney with the specific facts of your case.

Re: real estate

It's true they may have an adverse possession claim. But those are relatively difficult cases to prove and the burden of proof would be on them. More than likely, it's simply their property is in your yard and you will probably be able to remove it. It makes sense that they don't want to do anything about it. That would actually cost them time and money.

I think you hold all the cards here, not them. You might consider telling them that you're thinking about just removing their property from your yard (although I wouldn't do that until you talk to an attorney in person). Maybe that way, they'll get off their duffs and do something one way or the other (either remove it or get a court to declare their adverse possession). After all, court cases cost money and unlesss an agreement is worked out informally, a chancery court will have to declare your (and your neighbor's) rights somewhere down the line.

Just out of curiosity, was this issue brought up when you purchased? A survey at your closing would've revealed this problem. In fact, they may've known about this issue since their closing as well. Incidentally, it's possible they have title insurance over this issue and the title company will pay for it if they make a claim.