Legal Question in Real Estate Law in Illinois

Encroachment

A property we own has a driveway encroachment onto a neighboring property. This encroachment has existed for at least 30 years (we have plats from 1977) and both properties have changed hands at least twice in that time.

We now wish to sell and the propspective purchaser wants clear title. The neighboring property has been bought by a developer and he has indicated he is prepared to ''make the problem go away'' for a consideration.

What are my options so that, at the end, my purchaser will have a clear title.


Asked on 7/06/06, 4:33 pm

3 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Encroachment

It seems rather straight-forward. If you want the neighboring property, you negotiate and buy it, then sell to your purchaser.

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Answered on 7/06/06, 4:51 pm
Charles Dobra Charles Wm. Dobra, Ltd.

Re: Encroachment

At first blush, this seems to be a simple problem with a simple solution. However, to confirm this, one would have to examine the plats of survey for each parcel in question. You didn't mention where in Illinois these parcels were, and it would help to know that. Good Luck!

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Answered on 7/06/06, 5:06 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: Encroachment

You may have the property by adverse possession. Consult with a local attorney.

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Answered on 7/17/06, 4:43 pm


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