Round Lake, IL asked in Real Estate Law, Gov & Administrative Law, Land Use & Zoning and Municipal Law for Illinois

Q: Want to put in a fence but restriction on plat are in the way. The city doesn't know who owns the plat restrictions.

We purchased a home in McHenry, IL and back up to a major roadway. We have dogs and kids and want to put in a 6' fence and not give up 30' of our yard. The restrictions are on the plat but nobody knows who owns them to have them removed. The restrictions are:

1. Fencing is prohibited within 30 feet of the right-of-way line of Crystal Lake Road.

2. Fencing installed parallel to the right-of-way line of Crystal Lake Road shall be five (5) feet in height with a natural color and standard flat top board-on-board design.

3. The berm and landscaping originally installed by the developer parallel to Crystal Lake Road shall not be removed and is the maintenance responsibility of each respective lot owner.

We'd like to remove all of the restrictions and so would (most, all but 1) of the neighbors backing to Crystal Lake Road. Any ideas on how we can make this happen?

1 Lawyer Answer
Robert Shipley
Robert Shipley
PREMIUM
Answered
  • Real Estate Law Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: Based upon your description, it appears the City is/would be cooperative with your ultimate goal. It is likely the restrictions were put in place by the developer, perhaps based upon zoning or right of way issues. I would think the City should be able to work with you to develop a solution. I think it would be best if you and the other homeowners reviewed with a real estate attorney to discuss best options.

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