Common Boundary Issues and the Role of Real Estate Litigation in Illinois

Own a piece of property in Illinois? While that’s a big part of the American dream, it can turn into a nightmare when you realize your neighbor’s new fence is sitting three feet inside your yard. Boundary disputes are some of the most common real estate issues homeowners face.

Fences, Trees, and Shared Spaces

In Illinois, “spite fences” or incorrectly placed barriers are pretty common reasons for real estate litigation. It’s not just about the physical structure, either, because it involves the loss of use of your own land. Trees are another common culprit. If a neighbor’s tree has branches overhanging your roof or roots damaging your foundation, you usually have the right to trim them back to the property line. However, if you damage the tree’s health or cross the property line to do the work, you could find yourself liable for damages.

Encroachments Are Complex

An encroachment happens when a neighbor builds something that physically stays on your property. It might be a deck, a garage, or even something like a paved path. While it might seem like a minor inconvenience, it can create massive headaches when you eventually try to sell your home.

Title companies and lenders are very sensitive to encroachments. If a survey reveals that a portion of your neighbor’s structure is on your land, it muddies your title, and that can delay or even kill a real estate closing. If an encroachment is left unaddressed for long enough (usually 20 years in Illinois), the neighbor might even attempt to claim “adverse possession,” arguing that the land is now legally theirs.

You Need a Professional Survey

You can’t argue about a line if you don’t know exactly where it is. Many homeowners rely on “plat of survey” documents from when they originally bought their home, but these can be outdated or lack detail.

A fresh, professional land survey is usually the most important piece of evidence in real estate litigation. A licensed surveyor will use modern tools to find the iron pipes or “monuments” buried in the ground that mark the true corners of your lot.

Litigation

You always hope that a calm conversation over the backyard fence can solve these problems, but sometimes a neighbor is unwilling to acknowledge the facts or move their property.

This is where real estate litigation becomes necessary. Through a “Quiet Title” action or a request for an injunction, an Illinois court can formally declare the true boundary lines and order the removal of encroaching structures.

Protecting Your Property Rights

Your home is your most significant financial asset. Letting a boundary issue go unresolved is a risk to your property’s equity and your ability to sell it in the future. Whether you’re dealing with a minor fence overlap or a major land grab, an experienced attorney can help. Contact us today to schedule your consultation.