I live in Galena, Jo Daviess county. My wife and I are buying a piece of property in town that has, as we have discovered through a survey, and encroachment from a neighbor. We do not know how long this encroachment has existed. Is there a period of time after which - without the encroachment being contested - the 'encroacher' gains some measure of rights to that property he/she has been using even as it legally belongs to the neighbor?
1 Answer from Attorneys
Yes it is possible. Depending on the theory, it could be anywhere from 7 years to 20 years, or not at all. I am not sure if you are in one of those areas where folks are “discouraged” from hiring their own attorneys, but this is a really good example of why that is bad advice. Hire a real estate attorney. He or she will be able to answer your questions clearly and specifically.