Legal Question in Real Estate Law in Illinois
I have recently bought a home. The legal description gives legal measurements on the property, however my neighbor is trying to claim a large portion of the backyard. I have been told I do not need to hire a surveyor as long as I have that legal paper. I was told to just call the cops and show them the paper if the neighbor persists in claiming my land. Is this correct?
3 Answers from Attorneys
The information provided is to vague for an answer. See a local attorney to review the documentation. He or she can help you.
It is very unlikely the police will do anything about this. The legal description does nothing without a reference. Are there monuments or pins? If you cannot find these, and even if you can depending on where the encroachment is located, you will definitely need a survey done. In fact, it is possible your legal description is incorrect, or your neighbor's is incorrect, or both.
I can't imagine ANYONE going to a closing and not getting a plat of survey. You should have one in your closing package. In order to enforce your rights, you will need a survey.
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