Legal Question in Real Estate Law in Illinois

encroachment?

A new house is being built next door to our condo building. They informed us that our fence is 18'' on their property and they will be taking it down. The fence has been there for years is there anything we can do? Also there are two very large tree stumps that sit right in the middle of the property line. I don't want them dug out because of the damage it will do to my garden. Can they remove them even though it will cause major damage to my garden?


Asked on 5/01/07, 11:55 pm

2 Answers from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: encroachment?

How many years? If long enough, you can assert ownership. The stumps can be removed but without damaging your yard.

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Answered on 5/02/07, 3:11 pm
Joseph Michelotti Michelotti & Associates, Ltd.

Re: encroachment?

you need legal representation right away.

depending on how long that fence was there they may not be able to take it down.

also they can remove the stumps but they can't disturb your garden.

email me if you have any questions

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Answered on 5/02/07, 12:33 am


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