Legal Question in Real Estate Law in Illinois

There is an 8' wide stretch of land between my neighbor and I that is actually owned by someone else. The owner does not take care of the property so my neighbor and I do. Is it possible to claim abandonment and absorb the property (Kendall County, IL)?


Asked on 5/02/13, 3:16 pm

1 Answer from Attorneys

Henry Repay Law Offices of Henry Repay

If the use has continued for twenty years, you may make a claim for adverse possession. There are, however, several factors that must be established and I am wondering whether it is worth your expense before exploring the option of purchase. If this runs between two properties then the owner may not benefit from retaining it. Perhaps the owner would be pleased in this economy to get a little money for it, saving you the time, cost, uncertainty and hassle of a court proceeding. Possibly, you and the neighbor can join together in an offer and each take a certain width. Note, while the land may benefit you when it comes time to resell, in the interim it will likely add some expense to your property tax. If you are able to work it out, then in most cases the preparation of a deed and exemption affidavit may be handled by phone, fax and e-mail. Finally, there may be other questions to consider. Are you certain of the ownership? What is the background? Was this created for access and, if so, is there still an issue of access?

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Answered on 5/02/13, 6:23 pm


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