Legal Question in Real Estate Law in Illinois

I purchased my property in 2009. I had a survey done Nov 2014 and it determined that a small pie shaped piece of my driveway (1054 sq ft in total) is on the property next door to the east. East property owners are demanding that I give them a deeded easement to my driveway or they will erect fence on property line which will block the driveway. Driveway is adjacent to my garage and barn. Not enough room to get past barn and garage without using this small piece of neighbor's property. There is a property at the south edge of my property that uses the driveway and my deed gives them deeded easement for in and out access. No problem with that, but if E property owners erect fence it will block S owners from getting in and out. I have historical photos back to 1975 showing driveway in place that far back. Driveway has always been maintained by owner of my property. Owners who wrote original easement to S property owners assumed they owned the land to the east of the barn and that they were deeding property they owned. Deeded easement written in 1977. Barn built prior to 1975 photo so barn in place when easement written. Local atty wants $15K to file adverse possession claim. I cannot afford to gamble on suit with that much money. Can I file my own adverse possession claim without an attorney?


Asked on 3/08/15, 7:42 pm

1 Answer from Attorneys
Henry Repay Law Offices of Henry Repay

There is not anything that would prevent you from filing an adverse possession claim or considering other legal theories on which to base a claim, but the likelihood of prevailing will be substantially less, maybe almost zero if the other party hires counsel. Is there any doubt whether this survey is correct? Should another, limited survey, be done by another surveyor? Has the second neighbor been brought into the process? It seems to me that they are a necessary party and their involvement adds to the arguments. Interview additional attorneys to see if their approach may be different. It seems to me that all three parties have something to gain by working things out short of expensive and complex litigation. Perhaps mediation would help. Also, are you misinterpreting the neighbor's intentions? Are they approaching you exactly for this reason, to get something on the record to prevent future title concerns? Finally, what exactly would you be giving them? Isn't it you that needs the easement? Are they asking you to purchase an easement?

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Answered on 3/09/15, 4:10 am


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