Legal Question in Real Estate Law in Illinois
We recently had our property in Illinois surveyed because of a dispute on the west side. The survey results are quite different from what we and our neighbors expected. The surveyor has been busy in our area as all the lines appear to be off. The previous lines shifted 15 feet to the west and the south line moved north. This had the east line going thru our garage and the south line going thru our pool and deck. The west line is even more in our favor now. We have agreed on revising the line on the east. These neighbors previously lived on the property. As we have had issued with the neighbor on the west we need to know our options before discussing the line with her. She is not contesting the south line which is the problem. As we built the pool and deck with the understanding of where the line fell we do not wish to tear it all down. We have no problem with reasonable compensation but when we asked to purchase a small addition of about a tenth of an acre she demanded $ 5000. Land in our area runs 2 to 3000 an acre. What are our options.
3 Answers from Attorneys
I assume you have title insurance? Your policy would be the first place to start. [email protected]
In addition to Mr. Tracy's thoughts, did you get a survey when you purchased the property? If you did that's what you should have used to decide where to put the pool. If you didn't get a survey, then you (a) should contact the attorney who handled the deal for you, and/or (b) you should not have built the pool (and anyone who did it for you without a survey was foolhardy) without having the survey in hand first (as well as a building permit if required and most communities do require one for an outdoor structure so you may have additional problems and there may be set-back issues as well). Your neighbor is not obligated to sell you any portion of her property, at any price, for any number of reasons not the least of which is that if she reduces the size of her property she may become "non-conforming" legally. If you can't put the pool on your property properly, your only options may be to "buy" an easement from your neighbor allowing you to keep the pool where it is for X number of years, or a "lease" for the same purpose if she won't go for an easement. Otherwise you may have a lawsuit to quiet title on your hands, and it will be a battle of surveys....and if your surveyor is wrong you could lose the case, but that's why surveyors are supposed to carry errors and omissions insurance......
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.
In addition to Messers Tracy and Messutta advice, hire counsel. This is far too complex with too much at risk for you to try and handle yourself using a free advice forum.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
