Legal Question in Real Estate Law in Illinois
I sold 84 acres on contract for deed. The property contained a 30 acre lake with an excellent fish population.We retained hunting and fishing rights on the property until death.Buyer recently drained lake and subsequently the fishery. He still owes over half the purchase price and did not have my permission to destroy lake. I asked for full payment as he destroyed a lifetime of work.He said no,will continue payments. What if any are my remedies?
2 Answers from Attorneys
He has violated the terms of the contract of sale by violating the easement that you retained. You can get the land back but you will have to go to court, or at least threaten to do so to enforce the contract.
Based on the information provided, he did violate the contract. You will need to file suit or have a lawyer send a strongly worded letter that might work in terms of requesting that he return the property to its former condition. Without reading the document, I cannot tell you what your recovery would be.
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