Legal Question in Real Estate Law in Illinois
Vacant lot maintenance
I have been ''keeping up'' a vacant lot next door to my home for over the past 27 years. By keeping up I mean; lawn care, garbage removal, dead tree and brush removal as well as dead animal disposal etc. My question is since the property is being held in trust, can/should I contact the bank that is holding this trust for payment for services rendered.
2 Answers from Attorneys
Re: Vacant lot maintenance
I'm afraid that what you'll get is a hearty handshake and muted thanks. The bank will point out that you did this on your own without contacting them. Also they will argue that you did this to protect the value of your own property.
Sadly this is very basic contract law. Law students are taught this in the first few weeks on contracts class, so it is a close to a slam-dunk as it gets.
Re: Vacant lot maintenance
You have nothing to lose by making a claim for services. Be sure to use the term unjust enrichment in your letter to the bank. Also, generally speaking everytime that you send a letter to the bank they will charge the trust if this is like most land trusts. Enough letters will generate enough expense that they may reach a compromise with you, if you get my drift.
By the way, you might have a claim for ownership of the vacant lot if your use has been exclusive for that long of a period. This is called adverse possession. I suggest that you contact a local attorney.