Full question:
The lot behind us sold last October. I have a deed that my title company located that said that the north side of our property extends 140 feet (same as the south side). The north side before December 8th of 1960 use to be 135 feet. I have recently been told that the legal description for that lot was never changed. That legal description and our legal description say that we both own that sliver of land. The new people that bought it (developers) have removed my metal marker from the cement that it was in. They have me marked at the 135 foot marker. How can you remove those markers from the ground without telling someone? The new owner says his surveyors did it, but I know that surveyors can't do that. So what am I to do?
- Category: Real Property
- Subcategory: Adverse Possession
- Date:
- State: Illinois
Answer:
You may need to approach the surveyors to investigate what they did with regard to the boundary markers. You also need to research the issue further to determine what is at stake and how best to proceed. If the surveyors for the new neighbor were correct in relying on the description from 1960, that boundary dispute could be a subject to a claim against the title company if you purchased an owner's policy when you bought the property and that policy covers boundary issues.
However, if you are mistaken and cannot make a claim on your title policy, you may want to consult with an attorney about making an advsere possession claim of your own for that strip of land.
If the neighbor’s surveyors were mistaken, the only way the neighbor could prove that he owns the extra 5 feet would be to claim that he acquired them through a legal concept called adverse possession. The neighbor would have to prove that he has claimed to own it for a great length of time, that he used it to the exclusion of the neighbor, that he paid taxes on what he claimed he owned, among other issues. With a boundary dispute of this type, it might be hard for the neighbor to prevail and get actual “ownership” of the 5 feet.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
