Legal Question in Real Estate Law in Illinois

Re: Unjust enrichment ramifications

Hello. I see you have quite a problem. You are

correct, real estate is unique. The existence

of this improvement on your property represents

an encroachment. In other words, the improvement

interferes with your property interest. If this

transaction was completed through a title company, the title company, in my opinion, must

bear responsible for failure to conduct an

adequate search of the property. Certainly, a

survey would have been in order. Absent the

involvement of a title company, I suggests that

you seek an injunction against the owners of

this improvement on your property. This kind

of relief is only available in the Chancery

Division of the Circuit of Cook County. You

would request that the owners of the improve-

ment remove the improvement to allow you full

and uninterrupted enjoyment of your property

rights. Since you consider this property unique,

you do not have an adequate remedy at law. For

this reason, the Chancery Court (Court of Equity)

is the place to begin the process of solving

this problem. I will be happy to answer any

additional questions that you might have.