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Illinois Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Illinois on
Q: Have retaining wall on property line, specifically was told not ours, now neibor says it is. Options? More to story.

We have owned the property for 1.5 yrs. Realtor said retaining wall not ours, but not in writing. No property lines are marked. Lady is threatening to sue. In our small town, lines are vague at best. We specifically asked about the wall when looking at the property, being we were not liable, we... Read more »

Steve McCann
Steve McCann
answered on Sep 5, 2017

You can obtain a survey of the property, and consult with a real estate attorney to determine the best manner in which to move forward. A real estate attorney can also search public records and attempt to work a deal out with the neighbor, depending on the results of the survey/record search.

1 Answer | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Illinois on
Q: We own a house and the water company digged up our driveway without warning, we can't even park in it. what can we do?

Our house is older on a main street in town. The person called and asked if they can come in and track a water line we said sure they drilled small hole and filled, but today they came out after me and wife left for work no warning and completely tore up 3/4 of our driveway as well as messed up... Read more »

Ray Choudhry
Ray Choudhry
answered on Aug 16, 2017

Usually the cities provide the water.

Is it a private water company.

There are rules as to what can be done if the water lines have a problem.

If it is the city, check with them as to what they plan to do.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Illinois on
Q: Previous homeowner put driveway over the property line. Does new homeowner have any remedies to keep?

The previous homeowner put a blacktop driveway approximately 14 feet over the property line. The driveway was put in at least 25 years ago. The adjacent property is owned by Madison County. They are now going to remove the blacktop driveway only because it is over the line. Do I have any... Read more »

Ray Choudhry
Ray Choudhry
answered on Jul 21, 2017

Why not offer to buy it from Madison County.

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Illinois on
Q: What does this mean?

No building or any other objects may be erected

closer to the front line of the lot than the back building line of the principal dwelling on any lot.

Does this mean if we wanted to build an outbuilding, the front of it could be no further forward than the back of our house?

Vincent Gallo
Vincent Gallo
answered on Apr 30, 2017

This is referred to as a setback line restriction. It involves zoning restrictions that are intended to maintain uniformity in neighborhoods.

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Illinois on
Q: What lien to file

My neighbor built an improvement of their home on my property.

Steve McCann
Steve McCann
answered on Apr 3, 2017

There are a few different ways you can go about it, but it is impossible to provide a comprehensive answer to your question based on the limited facts provided. What is the improvement, and have you obtained a recent survey to know for certain it is on your property? In any event, I would... Read more »

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Illinois on
Q: What is the definition of "family" for housing purposes?

If housing "Rules and Regulations" indicate a unit can only be occupied by a "family", what constitutes a "family"? Is a couple that co-habitates, in an established long term serious relationship, considered a "family"? Is a couple that is engaged... Read more »

Vincent Anthony Incopero
Vincent Anthony Incopero
answered on Jan 30, 2017

If the term is not defined within the declaration or the bylaws that govern the association/unit, then the meaning of the term is open to interpretation. With that being said, I think both of the examples you provided were consistent with the intended meaning of the term "Family",... Read more »

1 Answer | Asked in Land Use & Zoning for Illinois on
Q: I own two side-by-side buildings (one a business and the other my home residence).

The block I live on was recently rezoned as strictly residential. I'd had plans to convert my home into a second business (I'll be buying another house nearby to live in) but now I'm being told I can't do this because it'd be a nonconforming use prohibited by the new zoning... Read more »

Steve McCann
Steve McCann
answered on Nov 16, 2016

Yes, there are several ways to fight it depending on the location. You can often challenge zoning by initiating a hearing with the Zoning Board of Appeals in the city in which the property is located. It can be highly technical, and there are several arguments that can be made, so I would... Read more »

1 Answer | Asked in Land Use & Zoning for Illinois on
Q: My company rents space in a larger building and we were just notified that our current use of the space is out of

compliance with zoning laws. Isn't that our landlord's responsibility?

Steve McCann
Steve McCann
answered on Oct 27, 2016

The answer to your question depends on specific facts that are not provided here, such as the nature of the noncompliance and the specific terms in your lease. I would recommend organizing the lease and all other information that is relevant to this situation, and consulting with an attorney... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Illinois on
Q: What if my neighbor is setting off bombs on his property that are damaging my windows
Steve McCann
Steve McCann
answered on Oct 26, 2016

If your neighbors are setting off bombs and your safety is at issue, contact local law enforcement immediately. You can also file a complaint with local municipalities, and consider filing a lawsuit against them for nuisance and/or damage to your property.

1 Answer | Asked in Land Use & Zoning for Illinois on
Q: Is it legal to live in a camper in illinois
Burton A. Padove
PREMIUM
Burton A. Padove
answered on Jul 13, 2011

You would have to check the local ordinances where you intend to live.

It also would depend to an extent on how well equipped the camper is.

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