Legal Question in Real Estate Law in Illinois

I have a storm drain on my street located between my property and the neighbor's. The storm drain pipe runs along his property and is broken next to his house. This has caused a sink hole on his property and my garage to have a large crack and lean to the side. My home insurance will not cover land movement and it doesn't qualify under flood insurance either. The storm drain helps the little culd-a-sac for six houses. I was going to do water insurance through our local water company in Alton IL but it doesn't cover storm drains. We can't block it off because they said it is impeding the flow of water. Until it is fixed we can't sell our home. The city says it is the water company's issue and the water company says the city is at fault. My neighbor bought his house as is 2 years ago knowing the issue but still has not fixed it because he believes the city is to pay for damages. I am at a loss. This is not on my property but is causing me issues with mine. My property value has also gone down. We hired a engineer to look at it and he stated in writing that the storm drain was to blame. We also have had cracks in the street and a sink hole due to the water damage. I had to call the news to get the city to fix it but the issue with my garage still remains. What do I do? Should I sue the city or the neighbor?


Asked on 3/18/15, 3:03 am

1 Answer from Attorneys
Stephen Messutta

Most likely both AND the water com pay AND maybe the developer if the subdivision is new, but have an attorney do so. This is complex litigation because municipalities can get out of law suits if not properly set up.

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Answered on 5/01/15, 6:38 am


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