Macon, IL asked in Real Estate Law for Illinois

Q: in Illinois if the house next to me is for sale, does the realtor have to have the property surveyed if i request it.

i know that the property line isn't at the current fence line. i want to know the exact line for myself and so the new owner won't be misled thinking they own for than they do.

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2 Lawyer Answers
James G. Ahlberg
James G. Ahlberg
Answered
  • Rochelle, IL
  • Licensed in Illinois

A: No. If it matters a lot to you, pay for a survey of your lot, not the neighboring one. If it doesn't matter enough to you that you're willing to pay for a survey, you shouldn't worry about where the lot line is.

Kori Maria Bazanos
Kori Maria Bazanos
Answered
  • Chicago, IL
  • Licensed in Illinois

A: Your neighbor most likely will order a survey for the buyer of their property. However, your neighbor (or the buyer or their property) is under no obligation to share that survey with you. The new buyer may purchase the property, aware that the fence encroaches on your property. If you are concerned about an encroachment, and your neighbor will not voluntarily share the survey, you should order a staked survey. I suggest that you contact a lawyer in Macon Illinois to further discuss the concept of adverse possession and the effect of an encroachment.

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