Legal Question in Real Estate Law in Illinois

Re: Is there such a thing as ''grandfathering'' a garage on someone property

Maybe. The answer depends on whether your former neighbor will be found to have given you permission to use the land the garage is built on, which is called a license,or whether your use was "open and notorious" and as a matter of right, which would give rise to an easement by prescription. An easement by prescription under Illinois law requires a 20 year uninterrupted period of use, which you appear to have.

If its a license, permission can be revoked and, in an extreme case, you can be required to take that portion of your garage down that is encroaching on your neighbor's land. If it is an easement, you have acquired the right over time to leave the garage there, and build a new one in exactly the same location (or less, if you choose.) 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.

You should have an attorney reveiw the facts.