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 contact the surveyors to find out what they did regarding the boundary markers. Additionally, research the issue further to understand your options. If the new neighbor's surveyors relied on the 1960 description, there could be a boundary dispute. If you purchased an owner's title policy that covers boundary issues, you might have a claim against the title company.
If you cannot make a claim on your title policy, consider consulting with an attorney about making an adverse possession claim for that strip of land. The neighbor would need to prove they have claimed ownership of the extra five feet through adverse possession, which requires showing exclusive use, continuous possession for a certain period, and payment of taxes on the claimed land. Given the circumstances, it might be challenging for the neighbor to prove ownership of the additional five 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.