Legal Question in Real Estate Law in Illinois
Sale of real estate
My fahter sold us property which adjoins his property. Now we want to sell, and he says that 4 feet of our garage is on his property and he wants us to move it or tell anyh new byers about this--when he sold us the property he did not tell us about the 4 feet, nor has he maintained any of it; we have always maintained this property of ours. This can cause a problem with the sale of the home---can he do this?
3 Answers from Attorneys
Re: Sale of real estate
The answer depends on how long you have maintainted the property. If over twenty years you definately have a claim of ownership concerning the four feet for adverse possession, and possibly if over 7 years depending on all of the circumstances. His failure to tell you about the four feet was improper but does not improve your claim against him. You may have to sue your father in a "Quiet title" lawsuit in order to sell your land without moving the garage. You should contact a local attorney. Good luck.
Re: Sale of real estate
Pay for and get a land survey to determine the facts of the garage location. If the garage is encroaching on your lot, then there will be a problem with the sale. Do you need an attorney?
Re: Sale of real estate
Sounds like your father is a sly old fox, and you didn't pay for a survey prior to buying. You are going to need a savvy real estate attorney to help you, but I predict that you are going to have to pay your father for the strip of land. Good Luck!
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