How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dimitry Esquire Your Own Question
Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41220
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
18572087
Type Your Real Estate Law Question Here...
Dimitry Esquire is online now
A new question is answered every 9 seconds

My neighbor helped me over 10 years ago to build a fence

Customer Question

my neighbor helped me over 10 years ago to build a fence beside the side walk , which is about 10 inches on his property .all was well10 years ago .with no reason. now wants 10 inches back.he wants me to tear the fence down .I said because, the easement law, and amount of time past in ill, I would not , have to remove that side ,of my picket fence. he said that,it is his property.and he will tear it down.....I said now it is court matter.....he disagrees
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, in what state is the property located in, please?

Customer: replied 1 year ago.
I have limited hearing.hard to hear anything but a scream
Expert:  Dimitry Esquire replied 1 year ago.

Hi,

I am not asking to give you a call, in fact I do not take part in phone calls--I am happy to help you directly via this thread. Could you answer my questions so that I could best help you? Thank you!

Customer: replied 1 year ago.
I can't hear .I am alone my wife is at work ; please help.
Expert:  Dimitry Esquire replied 1 year ago.

I am sorry, I do not use the phone. Can you read my responses here? If yes, simply type 'yes'. Thank you

Customer: replied 1 year ago.
Expert:  Dimitry Esquire replied 1 year ago.

Great! Again, I do not work via phone, I work via this medium, and we can easily communicate through it my writing to one another. I asked:

In what state is the property located in, please?

Could you please respond so that I can look up that state's law? Thank you!

Customer: replied 1 year ago.
Illinois
Expert:  Dimitry Esquire replied 1 year ago.

Thank you for your patience.

In Illinois, specifically under 735 Ill. Comp. Stat. Ann. 5/13-101, to claim 'adverse possession' or rights to this property, you have to occupy the property openly, notoriously, in a hostile manner, actual, and exclusive manner for 20 years. Because it has been less than 20 years, you have not yet obtained rights to this property, and therefore the neighbor would have grounds to demand removal. But you can argue that he granted you an easement due to his initial permission and use that as a defense, but having said that, if you do not have such permission in writing, the neighbor would likely have a potentially stronger case against you.

Sincerely,

Dimitry, Esq.

Related Real Estate Law Questions