Annawan, IL asked in Real Estate Law for Illinois

Q: Do I have the right to pull his fence on my property?

Neighbors cattle fence to the N, W, and S are on my property 3-4 feet in places. Survey was done. This farmer has seen the stakes and survey, but says survey is not clear. I have spent over $2000 already to make a clear point. Really don't want to drag this to court. He will no longer talk to me after the survey was done.

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1 Lawyer Answer

Steve McCann

Answered
  • Chicago, IL
  • Licensed in Illinois

A: Assuming the survey clearly shows the fence is on your property, you have every right to remove it off of your property. That said, there are practical considerations to take into account when dealing with a neighbor. Thus, I recommend organizing everything in your possession relevant to this matter, including the survey, and consult with an attorney individually. Many of us offer free consultations, and can act as an intermediary to reach an amicable resolution prior to filing formal court proceedings which can potentially cost you and your neighbor time, stress, and money.

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