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Adverse possession issue. Illinois

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  • Adverse possession issue. Illinois

    I have just purchased a piece of property in IL, 4 acres of ground with farm buildings and a house on it. The surveyors marked the leagal property with stakes and flags. I proceeded to install corner posts inside the lines of my property at the stakes. Just yesterday (about 2 weeks since posts installed) the tennant farmer came and told me in a tyraid that I can't do that and I have to take down the posts. The line had been established prior to that and I can't change it. The question arrises that the old post that had been farmed to is 8 feet inside where it was surveyed at the front of the property and about 3 feet at the rear of the property (581' away) for a total area discrepancy of about 0.07 acres. The farmer told me I cannot change the way it has been for years. I have read and understand the adverse possession law, and though I disagree with it, I understand it. My offer to them will be if they want to pay to have their 80 acres (which would be the property adjacent to mine) surveyed, I will change my post if it changes as well as pay for the survey. If it does not change, they pay for their survey, and the post stays and they farm according to the post. What I want to know is if this seems like a reasonable offer to make as a good neighbor trying to solve amicably. I was involved in farming at one time, and have done a little math, the ground on the best production year on record, if the grain produced was sold at the peak of the market, would have grossed about $46. So it would really not be economically beneficial for them to pursue this, but knowing the tenant farmer as I do, he would not want to give in. The landowner, who would actually have to pursue it I don't know. My question is, does my offer seem fair, and what other things do I need to consider in this equation?

  • #2
    Offer to split the survey equally regardless of the outcome.

    Then, contact a real estate attorney. And the buyers from whom you purchased the property.

    There is a difference between adverse possession and squatting. Are there any buildings or other improvements other than the tilled soil (not that that couldn't possible be enough).
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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    • #3
      Previous owner contact

      I am in regular contact with the previous owner. He was not sure about the issue, but wondered. His father owned the propety, and he bought it from him before he died.
      There are no buildings that are in question. Just tillable acreage. Closest building is 13 feet away from the current line, a couple feet more from the surveyed line.
      I will wait until the land owner contacts me regarding, but want to be prepared when they do.
      Thank you for your reply.

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      • #4
        Adverse posession doesn't take place automatically, or because the other owner says so. It must be filed in court. If that hasen't happened, then the line hasen't been changed.

        You'll probably have to have a formal survey done. I suspect the 'stakes and flags' were not formal survey which would typically involve placing iron pins, pipes, etc. at the property corners.

        -Tim
        Busy B Realty - Honey Run Apiaries

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        • #5
          Formal survey completed

          The survey was a formal survey by a licensed third party surveyor. And you are correct, he set steel pins as a permanent marker. Then also drove a piece of lath with a flag on it for visual reference right next to the pin. I set 6" posts at the corners, and pulled the lath. Leaving the steel pins in place.

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          • #6
            Then I'd have to say that you are probably in the right. At this point the other owner would have to have his own survey to contest your legal survey done by a licensed surveyor, or he would have to file for adverse posession in court.

            -Tim
            Busy B Realty - Honey Run Apiaries

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            • #7
              Thanks for opinion

              Thank you for posting. I will post as this progressess. I did findout today, that the old lady who owns it, is in pretty bad shape with Alzhiemers. Her daughter that has control of it is a corporate lawyer in St. Louis. Wonderful. But, I went and looked closer at the issue, and they are not farming up to the old post. The edge of the field is about 6 feet away from the post. If you sight down between the posts, the most they are over the line is about 2 feet, with an average of maybe 18 inches. So they are not using the old post as a property marker either. I think they would have a pretty tough time proving adverse possession. I did take some photos of the situation just incase the farmer decides to till up to the post this spring.

              Thanks again.

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              • #8
                The saga continues

                Just as in my previous post, the tennant farmer decided to work the farm ground up today to prepare for planting. In doing so, he tilled all the way to the old post, which as described in the last post, was not being farmed to in the past. So he tilled up about 6 feet of my grass. I have photos I took to document the situation after I set the post, and the problem arose, I intend to go tomorrow morning to take more photos to document the damage done to my sod, and show the current situation. I can't believe this guy. Anyway, thought I would post to keep anyone reading up todate.

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