amonotod
07-25-2007, 02:33 PM
Hello,
So, here's what happened: Frank (using ficticious names here) owned and lives on 4 acres in Madison County, IL. His daughter Julie grew up and got married. Frank gave (and deeded to) Julie and her husband Jim 2 acres of his land. Jim and Julie built a house on their two acres. Later, they decided they wanted to move, so sold their house to my friends, Dan and Tracy. Dan and Tracy have now owned the house and 2 acres for 14 years. Frank still owns his house and 2 acres, and gets along with Dan and Tracy just fine. Due to the fact that Frank does nothing with his land, Dan has several times in the past asked Frank about buying part of his land, to which Frank has always replied no, though he did not complain (or make any comment at all) when Dan leveled an extra ten or twenty feet of land into Franks property.
Recently (earlier this week) they found out that the county has a web site wherein you can view a satellite image with the property lines that the county uses for tax purposes. This image places the property lines about 60 feet south of where Dan and Tracy were told they should be, effectively putting 80% of their house on what may be Frank's land. It appears that Jim and Julie built their house on part of Franks land, and it is possible that no one realized this, or that they did it with Franks permission (No one is asking Frank yet, because if he hasn't given permission, but does so, then there can be no adverse possession claim... Right?).
Dan and Tracy are getting ready to contract a surveyor to get an accurate report on the property lines, but meanwhile, the questions are:
Might Frank have any claim on Dan and Tracy's house?
Can Dan and Tracy claim "adverse possession" of the land on which their house sits, if indeed a survey shows a discrepancy?
Can Dan and Tracy also claim "adverse possession" of the extra land they leveled, which they have been using for about 10 years?
What are the time limits in IL for claiming adverse possession?
Can Julie and Jim be held liable for any losses that Dan and Tracy may incur if they lose any court disputes over the property lines that cause them to lose, or to have to move, the house?
Thanks!
amonotod
So, here's what happened: Frank (using ficticious names here) owned and lives on 4 acres in Madison County, IL. His daughter Julie grew up and got married. Frank gave (and deeded to) Julie and her husband Jim 2 acres of his land. Jim and Julie built a house on their two acres. Later, they decided they wanted to move, so sold their house to my friends, Dan and Tracy. Dan and Tracy have now owned the house and 2 acres for 14 years. Frank still owns his house and 2 acres, and gets along with Dan and Tracy just fine. Due to the fact that Frank does nothing with his land, Dan has several times in the past asked Frank about buying part of his land, to which Frank has always replied no, though he did not complain (or make any comment at all) when Dan leveled an extra ten or twenty feet of land into Franks property.
Recently (earlier this week) they found out that the county has a web site wherein you can view a satellite image with the property lines that the county uses for tax purposes. This image places the property lines about 60 feet south of where Dan and Tracy were told they should be, effectively putting 80% of their house on what may be Frank's land. It appears that Jim and Julie built their house on part of Franks land, and it is possible that no one realized this, or that they did it with Franks permission (No one is asking Frank yet, because if he hasn't given permission, but does so, then there can be no adverse possession claim... Right?).
Dan and Tracy are getting ready to contract a surveyor to get an accurate report on the property lines, but meanwhile, the questions are:
Might Frank have any claim on Dan and Tracy's house?
Can Dan and Tracy claim "adverse possession" of the land on which their house sits, if indeed a survey shows a discrepancy?
Can Dan and Tracy also claim "adverse possession" of the extra land they leveled, which they have been using for about 10 years?
What are the time limits in IL for claiming adverse possession?
Can Julie and Jim be held liable for any losses that Dan and Tracy may incur if they lose any court disputes over the property lines that cause them to lose, or to have to move, the house?
Thanks!
amonotod
