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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 36978
Experience:  Texas Attorney for 30 years dealing in real estate
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A person has occupied my land. Fenced it in, Kankakee

Customer Question

A person has occupied my land. Fenced it in,
JA: Where is the property located?
Customer: Kankakee county, ILL.
JA: Has any paperwork been filed?
Customer: I have not sold this land to anyone
JA: Anything else you want the lawyer to know before I connect you?
Customer: Am I entitle to money damage
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Ray replied 2 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 2 months ago.

You will need to post a three day notice to quit or pay rent here.Set the rent high, the squatter will not pay and then you file for eviction.You are entitle to seek lost rent and other damages to the property.This is the legal means in Illinois to reclaim the property.

Expert:  Ray replied 2 months ago.

Let me clarify here it is five day notice.You can use the form below to prepare and post notice.Take picture of notice on gate, door or wherever you post it for service.

https://rentallease.net/illinois/illinois-5-day-notice-to-quit-late-rent-eviction-notice/

You may want to consider using a local real estate lawyer to file for eviction and add lawyer fees to the judgment of eviction.

I appreciate the chance to help you today.

Expert:  Ray replied 2 months ago.

Sample eviction forms

  • Forcible Entry & Detainer - Complaint [PDF]
  • Forcible Entry & Detainer - Notice to Defendant [PDF]
  • Forcible Entry & Detainer - Order [PDF]
  • Forcible Entry & Detainer - Summons [PDF]
  • Foreign/Intrastate Judgment Cover Sheet [PDF]
Expert:  Ray replied 2 months ago.

https://www.co.mchenry.il.us/county-government/departments-a-i/circuit-clerk/online-services/court-forms

This site has the links to the forms I listed above if you want to file yourself.

Thanks again.

Expert:  Ray replied 2 months ago.

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Expert:  Ray replied 2 months ago.

They would have to occupy the land for 20 years to have any legal claim to it.

A trespasser’s possession must be:

1) hostile (against the right of the true owner and without permission)

2) actual (exercising control over the property)

3) exclusive (in the possession of the trespasser alone)

4) open and notorious (using the property as the real owner would, without hiding his or her occupancy), and

5) continuous for the statutory period (20 years in Illinois under 735 Ill. Comp. Stat. Ann. 5/13-101).

Expert:  Ray replied 2 months ago.

They would have to occupy the land for 20 years to have any legal claim to it.

A trespasser’s possession must be:

1) hostile (against the right of the true owner and without permission)

2) actual (exercising control over the property)

3) exclusive (in the possession of the trespasser alone)

4) open and notorious (using the property as the real owner would, without hiding his or her occupancy), and

5) continuous for the statutory period (20 years in Illinois under 735 Ill. Comp. Stat. Ann. 5/13-101).

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