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Illinois Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Illinois on
Q: When giving easement to property can you specify usage of easement?

Brother is wanting easement to get to his property. He farms it and has a goose pit. The problem is his let everyone goose hunt . They fly by the house down the road without permission or care about animals and people.

Erik K Jacobs
Erik K Jacobs answered on Feb 11, 2021

Yes - you can define the specific use of the property subject to the easement. For instance, the easement can be for ingress and egress. The easement can be for the installation and maintenance of utilities such as electricity, gas or sanitary sewer.

1 Answer | Asked in Consumer Law, Foreclosure and Real Estate Law for Illinois on
Q: Where can I find a free or fee based attorney to help me save my house? I have kids

Between husband being off due to infection in hand and when he went back to work a pay cut and my hours cut we are behind on our home and now an attorney has sent us a letter about taking house

Tim Akpinar
Tim Akpinar answered on Jan 3, 2021

An Illinois attorney could advise best, but your post remains open for five weeks. You could try running some searches under "legal aid attorneys" and similar and related terms. Also try searching for "pro bono legal services." Look into whether the Illinois State Bar... Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: Can I trim branches of a neighbor's tree that are hanging over my property and fence? With or without notifying her.

She told the contractors I hired to do the work not to touch her tree. At no time were they on her property

Erik K Jacobs
Erik K Jacobs answered on Dec 11, 2020

Yes - Technically your property extends from the ground up. That being said, many contractors are hesitant to cut portions of a neighbor's tree since they do not want to be caught up in a legal dispute. Also, I'm sure they would want to be darn sure where the property line is....

1 Answer | Asked in Business Law, Contracts and Real Estate Law for Illinois on
Q: How much would it cost for someone to review a lease agreement for me and help me understand my rights and conditions?

This is a lease agreement with a Landlord for a Small Business. It would be great if someone can do this for free. I am having a hard time understanding a few items in the contract.

T. J. Jesky
T. J. Jesky answered on Nov 20, 2020

This is a good question, but the answer depends on a number of factors. For example, is this a residential or commercial lease? What is the length of the lease? How long is the lease period and what is the rent? A commercial lease is much more complex than a residential lease.

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1 Answer | Asked in Real Estate Law for Illinois on
Q: A sale was conducted, the deed was recorded, but

1) transfer taxes were not paid

2) transfer stamps not on the filed deed document

3) purchaser's signature not on the document.

Is the sale valid or is it void?

Erik K Jacobs
Erik K Jacobs answered on Nov 19, 2020

Generally the County Recorder will not record a deed without transfer taxes. However, there are a number of situations where a transaction may be exempt from having to pay transfer taxes. See 35 ILCS 200/31-45(a). Several municipalities also have transfer tax ordinances which require a tax to be... Read more »

2 Answers | Asked in Real Estate Law for Illinois on
Q: How do I transfer real estate as an administrator of the estate in Illinois?

What document do I use? If it's a quitclaim deed, what name is listed as the grantor? The deceased person, or "The Estate of ...."? I would be the one signing it, as the administrator. The current deed is in the deceased's name solely.

James G. Ahlberg
James G. Ahlberg answered on Oct 26, 2020

I have to be blunt: You shouldn't attempt to do this without using a lawyer.

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1 Answer | Asked in Real Estate Law, Gov & Administrative Law, Land Use & Zoning and Municipal Law for Illinois on
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... Read more »

Robert Shipley
Robert Shipley answered on Oct 22, 2020

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... Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: How can I evict someone off property I have put a downpayment on

The landowner I am purchasing it from allowed a friend of his to put a mobile home on the property until it was sold. I have put 2000$ down on this property. How can I get this person to legally leave

James G. Ahlberg
James G. Ahlberg answered on Oct 19, 2020

When you have title to the property (after closing) you'll be able to evict someone. The mere fact you're in the process of buying it is not enough.

1 Answer | Asked in Family Law, Real Estate Law, Domestic Violence and Landlord - Tenant for Illinois on
Q: I am in a current situation where i am renting a basement to live from my parents. What are my rights?

I(21) am renting the basement from my parents house as a living area. We have a verbal rental agreement for $250 a month, with other basic rules (clean up after yourself, etc). My parents have been known to be very toxic and verbally abusive and since I am renting from them with a verbal rental... Read more »

Juan Ooink
Juan Ooink answered on Oct 13, 2020

Not sure what you mean by "what i can do." You can always move out. If your parents wish to evict you, they will have to file it with the Court in the county where you live and deal with it in court in order to remove you. Not sure you or your parents want it to get to this level.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Have r/e agent w/out a contract. Saw house on own. Didn't know I had to disclose I had agent. What is obligation?

i went to see house on my own to be proactive. after going thru the house with the sell agent I said I would have my agent contact them. the sell agent got very angry and said I was to disclose I was working with agent. I did not know that. The selling agent never asked. The selling agent then... Read more »

Robert Shipley
Robert Shipley answered on Sep 29, 2020

Legally, your obligation is to the agent/broker with whom you signed an agreement. If you did not sign an agreement with the agent/broker who agreed to show you properties then there is no commission to pay a commission. If the selling brokers you have described are 'angry' that is... Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: i was in foreclosure 11 years age and the motion was withdrawn without prejudice. i am trying to sell the property

can i sue to quite the title

James Kottaras
James Kottaras answered on Sep 28, 2020

You will need to have the title checked to see if the foreclosure case still appears as a "cloud" on title. The foreclosure case itself will also have to be examined to see if it was disposed of and/or if it still is a lien on the property. If it was dismissed "without... Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: Can a managing broker or real estate brokerage withhold earned commissions from an agent?
Robert Shipley
Robert Shipley answered on Sep 15, 2020

On a general basis, the answer is no. Earned commissions should be paid. However each case is dependent on its facts. I presume you have a contract and that should be reviewed. I would recommend you consult with an attorney to review and discuss the details.

2 Answers | Asked in Consumer Law, Real Estate Law and Estate Planning for Illinois on
Q: Can they put a lien on my moms house over my deceased dads debt that she didnt agree to?

My dad died in january. Before he died he had roof work done on our house. They lied to him and promised insurance would cover the roofing, but insurance only covered a small amount. My mom now cant afford their 6k bill and kept the 2k check from allstate as well. Now the roofers are threatening a... Read more »

Robert Shipley
Robert Shipley answered on Sep 10, 2020

I am assuming that the home was owned jointly by your mother and father. That being the case, if the contractor completed the work, if they choose they can record a lien for the value of the work which has not been paid.

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2 Answers | Asked in Bankruptcy, Contracts, Real Estate Law and Civil Litigation for Illinois on
Q: Will a memorandum of judgement against me for a credit card debt affect my wife's house?

The mortgage is in my wife's name, but I am listed as a "tenant by entirety."

Anthony M. Avery
Anthony M. Avery answered on Sep 10, 2020

Absolutely... The Judgment Lien encumbers any and all interests you have in real property in the County in which the Judgment is recorded in. And you own the same estate your Wife does. Contact a competent Illinois attorney to get the specifics about how long the Lien attaches, and whether... Read more »

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1 Answer | Asked in Real Estate Law for Illinois on
Q: water damage in my basement that has led to mold exposure for me was caused by my attached neighbors basement. Can i sue

I live in a duplex attached to my neighbor with a common wall. It’s been determined the water damage in my basement that has led to mold was caused by a problem in her basement. Can I sue her??

Robert Shipley
Robert Shipley answered on Sep 9, 2020

Based upon your description you can make a claim. It would be best if you found out the name of their insurance company and make the claim and determine the insurance company position, ie: pay the claim or deny. If denied then you would have to file suit. Another option is to explore whether your... Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: I bought land in Mississippi when my father died. It was done by a simple contract and is paid off but no deed for me

The seller didn't put the deed in my name what can I do....

George W. Svoboda
George W. Svoboda answered on Aug 18, 2020

You would need to sue in Mississippi to enforce the real estate sales contract and force a closing. If your contract was not in writing, you may have a problem. Contact a Mississippi attorney.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Can my siblings sign and notarize a paper to leave our mother house to me when she passes away.

I've been paying taxes and up keep on her home as she lives with me for 3 yrs. 2 brothers have agreed but have not talk to 1 brother yet

Robert Shipley
Robert Shipley answered on Aug 13, 2020

If your mother is in title to the property, then if she wants to leave you the property, she can:

1. Put that directon in a will; or

2. Execute a Quit Claim Deed, to reflect a change of ownership, so that both you and your mother are listed and identified as owners.

Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Illinois on
Q: My grandfather passed away yer ago and now is his home is for sale. Can I purchase through FHA?

My grandfather passed a year ago. His home is now for sale through his estate. As his grandchild, am I able to purchase the home through FHA?

George W. Svoboda
George W. Svoboda answered on Aug 3, 2020

Yes. You can contact the administrator and make an offer. You will not get a special, family deal. The administrator can only take a fair market offer. You might ask the administrator to get an appraisal.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I'm in Machesney Park, IL and I have a one year apartment lease; can the landlord increase the rent during the lease?
George W. Svoboda
George W. Svoboda answered on Aug 3, 2020

He can only do that at the end of the lease not during the term. Even if the lease had a clause that provided for it, I doubt that it is enforceable in IL. Trying to raise the rent during the term of the lease is likely a breach of contract.

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Illinois on
Q: Commercial lease that ends January 2023. Jan 2021 the personal guarantees go away. What happens if we close Feb 2021?

Because of the virus,we want to close our business after the personal guarantees go away. They go away in jan 2021...but our lease doesnt end until Jan 2023....can the land lord take us to court and demand we pay for the remainder of the lease? How lenient are the courts in these kinds of... Read more »

Robert Shipley
Robert Shipley answered on Jul 28, 2020

The lease will have to be reviewed to determine what liability there may be beyond the personal guaranty as well as the potential for an early termination. There are many options to discuss with the landlord including temporary rent abatement or modification, early buyout, allowing the landlord to... Read more »

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