Legal Question in Real Estate Law in Illinois

We have been taking care of a section of property that is connected to ours for over 22 years- mowing grass and shoveling the driveway- does it ever become ours? We were told by an appraiser that it does. Can you tell us yes or no and if yes after how many years?


Asked on 11/13/09, 12:41 pm

2 Answers from Attorneys

Charles Dobra Charles Wm. Dobra, Ltd.

But have you been paying taxes on it?

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Answered on 11/18/09, 1:42 pm
John Lee John D. Lee and Associates, LLC

In order to claim that you own the land, you would have to bring a Quiet Title lawsuit in Illinois court, assuming that the property is in Illinois. You would have to prove that your use of the property -i.e., mowing grass and shoveling the driveway- was:

1. Acutal

2. Open [for the public to see readily]

3. Notorious [generally known and talked of, well or widely known, universally recognized]

4. Exclusive

5. Hostile [adverse to another person's interest or preventing another person's use]

6. and Continuous for a period of years.

You need to hire a qualified real estate attorney in your local to help you with this expensive lawsuit and to review the facts.

DISCLAIMER: This answer is provided as a public service and as a general response to a general question. It is not meant, and should not be relied on, as specific legal advice, not does it create an attorney-client relationship. The law changes frequently and varies from jurisdiction to jurisdiction.

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Answered on 11/18/09, 2:06 pm


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