Legal Question in Real Estate Law in Illinois

Septic system leach field
I bought my house in June 2006. When I was shown the property the real estate agent glanced at the woodline and said the yard goes to the treeline. I found out after closing that the border is actually the treeline (5 trees)that is about 15 feet from the front of the house and not the 50 or so feet that she had me believe. Okay, I was duped. My problem is that my septic tank leach field is now clogged (found out after having tank pumped twice already)and needs to be repaired/replaced. I have discovered that the leach field is not on my property(it's in a farm field)and that my yard isn't big enough to have a leach field in it either! The field is behind my house not the front where I was ''duped''. Do I have any recourse and if so against whom? Seller, agent or both? Is it legal to sell a house with components on another's property?

Asked on 12/20/06, 4:32 pm

2 Answers from Attorneys

Glenn Guttman Rieff Schramm Kanter & Guttman

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Re: Septic system leach field

Did you receive a Survey either at the closing, or prior to the closing?Contracts for the sale of property, whether vacant land or land with improvements (other than condominiums) usually have provisions that require the Seller to provide a survey at or prior to the closing. If you don't have a survey, you may be able to talk to the local municipality (Assessor's Office)and see if they have a local map of your property so as to inquire what exactly you own.

Answered on 12/21/06, 10:28 am

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