Legal Question in Real Estate Law in Illinois

If a double-wide home has ben on the rxisting property for 22 years and now the neighbor is causing a problem because the home is not 10 feet frpm his property line. Can he force the double wide to be moved It is 7 feet off the property line. It just seems so weong after a;; these years. The neighbor is a trouble maker fot entire neigborhood. Thanks


Asked on 11/11/09, 5:25 pm

2 Answers from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

The doctrine of laches might apply and prevent the neighbor from being able to pursue this. You should see a lawyer to discuss things in person and to determine whether laches would apply.

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Answered on 11/16/09, 9:48 pm

And it may depend on how the 10' restriction was created -- for example if it was set up in documents that control the subdivision, they could be private restrictions intended so everyone in the subdivision would have the right to have them enforced directly or through a private homeowner association. Compare that to a zoning law where you don't complain to a homeowner association but instead to the city or village. On top of that the law relating to "mobile homes" is not always the same as for "real estate". Again, you need to see a lawyer if this is affecting you, and be prepared to provide more information!!! Good luck.

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Answered on 12/15/09, 7:17 am


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