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Questions Answered by Erik K Jacobs
1 Answer | Asked in Real Estate Law for Illinois on
Q: What are my options for roof damage that occurred after inspection but before closing?

I had my house inspected in October and everything was fine. The old owners did not want to move out until January and there was damage sustained to the roof in November. My insurance will not cover it because I didn’t have a policy on this house and said to have the previous owners file a claim,... Read more »

Erik K Jacobs
Erik K Jacobs answered on Jun 23, 2021

A number of states (including Illinois) have adopted the Uniform Vendor and Purchaser Risk Act (765 ILCS 65/1). This Act provides that in all real estate contracts there is an implied term that if the purchaser has NOT yet received title OR possession of the property, the seller bears the risk... Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for Illinois on
Q: May I change the locks on a home I own that has been for the most part abandoned? Please see additional info below:

Home was purchased at a foreclosure (judicial) sale in Illinois. I have a order of possession from the original foreclosure proceedings. Evictions have been postponed due to pandemic. Home has water shut off. Prior owner lives somewhere else, but still has keys. Prior owner occasionally visits... Read more »

Erik K Jacobs
Erik K Jacobs answered on Apr 29, 2021

As a practical matter, yes. Possession has been ordered in the foreclosure. The owner does not RESIDE in the premises. It sounds like he's an occasional trespasser.

2 Answers | Asked in Arbitration / Mediation Law, Real Estate Law and Estate Planning for Illinois on
Q: Inherited undivided interest in a large amount of land, that has mineral rights. Can one of the family members force the

The other family members to sell the land? This land has been in our family for an extremely long time & some don’t want to sell.

Erik K Jacobs
Erik K Jacobs answered on Mar 29, 2021

Yes - the family members who want to sell can file a partition action to accomplish that. A better option would be for the family members to agree to have the land appraised and the members who wish to keep the land can purchase the interests of the family members who wish to sell based on the... Read more »

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2 Answers | Asked in Real Estate Law for Illinois on
Q: I have a quit claim deed from my grandmother drafted 40 years ago, the grantees where her 3 children,the deed has a ---

Designation which states "not in tenancy in common but in joint tenancy" what does this Designation mean? Let's see who is the smartest attorney out there?

Erik K Jacobs
Erik K Jacobs answered on Mar 11, 2021

Joint tenancy is a form of shared property ownership where each owner has an undivided interest in the property. This type of ownership creates a right of survivorship, which means that when one owner dies, the other owners absorb the deceased owner’s interest. When creating a joint tenancy, we... Read more »

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1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: When a family member passes, how can you be sure that the house goes to the intended beneficiary?

My father want to be sure that I maintain his home when he passes, but we're not sure how to accomplish this. We're in St. Clair County Illinois. When we called the county, we were told to reach out to a lawyer.

Erik K Jacobs
Erik K Jacobs answered on Mar 8, 2021

There are a few options. First, your father can leave the home to you in his will. Second, your father could execute and record a Transfer on Death Instrument (TODI). This document should be immediately recorded in the County Recorder's Office and becomes effective upon your father's passing.

1 Answer | Asked in Real Estate Law for Illinois on
Q: When giving easement to property can you specify usage of easement?

Brother is wanting easement to get to his property. He farms it and has a goose pit. The problem is his let everyone goose hunt . They fly by the house down the road without permission or care about animals and people.

Erik K Jacobs
Erik K Jacobs answered on Feb 11, 2021

Yes - you can define the specific use of the property subject to the easement. For instance, the easement can be for ingress and egress. The easement can be for the installation and maintenance of utilities such as electricity, gas or sanitary sewer.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Can I trim branches of a neighbor's tree that are hanging over my property and fence? With or without notifying her.

She told the contractors I hired to do the work not to touch her tree. At no time were they on her property

Erik K Jacobs
Erik K Jacobs answered on Dec 11, 2020

Yes - Technically your property extends from the ground up. That being said, many contractors are hesitant to cut portions of a neighbor's tree since they do not want to be caught up in a legal dispute. Also, I'm sure they would want to be darn sure where the property line is....

1 Answer | Asked in Real Estate Law for Illinois on
Q: A sale was conducted, the deed was recorded, but

1) transfer taxes were not paid

2) transfer stamps not on the filed deed document

3) purchaser's signature not on the document.

Is the sale valid or is it void?

Erik K Jacobs
Erik K Jacobs answered on Nov 19, 2020

Generally the County Recorder will not record a deed without transfer taxes. However, there are a number of situations where a transaction may be exempt from having to pay transfer taxes. See 35 ILCS 200/31-45(a). Several municipalities also have transfer tax ordinances which require a tax to be... Read more »

1 Answer | Asked in Foreclosure, Probate and Small Claims for Illinois on
Q: How to get letter of administration?
Erik K Jacobs
Erik K Jacobs answered on Nov 19, 2020

In order to receive Letters of Administration, you must first open a Probate Estate. I'm assuming that the decedent did not have a will, so you will be opening an intestate estate. You will need to provide an Affidavit of Heirship, an Oath and Bond, a Petition to Probate the Intestate Estate... Read more »

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