Tinley Park, IL asked in Land Use & Zoning and Real Estate Law for Illinois

Q: My neighbor of over 25 years has sent a letter from his lawyer claiming he owns 5 feet of my property

There is a fence and concrete patio and it was here before I moved here. Do they have the right to make us tear it all down?

1 Lawyer Answer
Steve McCann
Steve McCann
  • Real Estate Law Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: It is possible that your neighbor has the right to obtain title to the 5 feet of your property through adverse possession, assuming all of the requirements for adverse possession in Illinois have been met. However, the requirements for adverse possession are a very technical, and fact specific determination. Therefore, I would highly recommend organizing everything you have in your possession related to this matter, including the letter from your neighbor's attorney and a survey, and consult with an attorney individually. Many of us offer free consultations, so it will not cost you anything out of pocket to obtain the opinion of a professional to assist you with your options moving forward.

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