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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33708
Experience:  15 years real estate, Realtor. Landlord 26 years
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We have a property deed that shows we own 39 acres. A

Customer Question

We have a property deed that shows we own 39 acres. A neighboring farmer thinks his deed has 17 acres of our property on it as well. The 17 acres in question is wooded bluff area and has our orchard as well as our water source and water line and well pump. I am concerned now because the neighbor wants to log the property they do own as well as the 17 acres we show on our deed. Another neighbor said they are planning to sell their property after the logging.
So my concern is that it appears their deed shows their property line runs up our driveway middle and cuts off our pump and orchard and well pump. We are in Illinois and my partner has owned the property for 20 years. I was added 9 years ago to the title. The other party's family has owned it for 29 years and it was put into trust 15 years ago. It appears both sides have been paying taxes and insurance on the 17 acres in question.
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Barrister replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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This is going to require someone to get an updated survey and then file a "quiet title" lawsuit against the other person to have a judge make a final determination about who owns the land.

.

But if your partner has used the area for at least 20 years and excluded others, then legally he can claim ownership of it, even if it turned out to be the neighbor's after a survey. This is under the legal doctrine of adverse possession which allows a trespasser to claim legal ownership if they trespass long enough. In Illinois the period of time for adverse possession must be at least twenty (20) years. Illinois Code §735-5/13-122

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So it may fall on you and partner to file the quiet title action and claim ownership through either the survey if it favors you or through adverse possession to prevent them from trying to log the area. You are going to need a local real estate attorney to assist you in filing the quiet title so you can get this resolved permanently.

.

.

thanks

Barrister

Expert:  Barrister replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

This is going to require someone to get an updated survey and then file a "quiet title" lawsuit against the other person to have a judge make a final determination about who owns the land.

.

But if your partner has used the area for at least 20 years and excluded others, then legally he can claim ownership of it, even if it turned out to be the neighbor's after a survey. This is under the legal doctrine of adverse possession which allows a trespasser to claim legal ownership if they trespass long enough. In Illinois the period of time for adverse possession must be at least twenty (20) years. Illinois Code §735-5/13-122

.

So it may fall on you and partner to file the quiet title action and claim ownership through either the survey if it favors you or through adverse possession to prevent them from trying to log the area. You are going to need a local real estate attorney to assist you in filing the quiet title so you can get this resolved permanently.

.

.

thanks

Barrister

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