Legal Question in Real Estate Law in Illinois

Tall Grass/Brush Pile Neighbors

We recently built our ''dream home''. The neighbors that border our back yard, who thought they were building a secluded, private hideaway 10 years ago, have found themselves being encroached upon by our new sub-division. They are not happy. They have a large brush pile (70' by 25' by 8' high) that sits 6'' off of our property line and about 25' from our back deck. We approached them twice and asked if we could assist them in removing it, with no success. They told us plant some bushes/trees to hide it. In addition to this, they have now quit mowing the other area that borders our property and it getting very tall and quite ugly. I have not approached them yet which is why I'm writing. I've already gone to the city/county regarding the brush pile, but their property is in one township and ours sits within the city boundaries, so we have no recourse at this time. What about the mowing though? Does this fall within the same ordinances that don't exist in the township in which they reside? Help please! Thanks!


Asked on 9/08/03, 7:06 pm

1 Answer from Attorneys

John Pembroke John J. Pembroke & Associates LLC

Re: Tall Grass/Brush Pile Neighbors

Thank goodness for good neighbors. Unfortunately, yours aren't. Unless the tall grass and brush pile constitute some hazard, you will not be able to do much with government assistance or in a private suit. AS your question points out, they are in an area without ordinances addressing the problem.

If they are in an unincorporated area, one creative solution may be for you to work on having their land annexed to your municipality. Then, your ordinances would apply.

Our comments are based on treating your question as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

We are not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with us, tender the agreed amount for a retainer and it is accepted by us. We reserve the right to decline representation should circumstances change.

As you are aware, in Illinois there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.

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Answered on 9/10/03, 10:05 am


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