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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I have a commercial property in IL purchased a few years ago,

Customer Question

I have a commercial property in IL purchased a few years ago, 23 pins total, 2 of them are zoned commercial with minor improvement,they are paved & I've been getting tickets for parking cars there. City is saying it is residential. Cook county website showing commercial, & so are my taxes on it. Warranty deed list all pins as commercial. What are my options & who dropped the ball
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 2 years ago.
You need to check the actual zoning maps with the county (if it is county, city maps if it is inside the city).You cannot rely on information that is posted online, or on taxation (this is done by a different department, and while it should be the same, an erroneous tax does not change the zoning).Do not rely on what somebody has told you, actually go to the city or county and check the zoning yourself (or hire a title company or attorney to do it for you, especially if you are not familiar with these documents and this type of research as the records are often complex due to constant revisions in planning). It is possible that the entity that is ticketing you is the one that is wrong.
Customer: replied 2 years ago.
When I had an issue before, I went to the city & she pulled out an oversized book & said it was residential, the company that did my survey said it was commercial & verified via phone call in regards ***** ***** 2 pins, on the deed it list all pins and says its a commercial property. Who is at fault
Expert:  CalAttorney2 replied 2 years ago.
The only entity that can give you appropriate zoning information is the city or county zoning department. Any other entity can give you "guidance" but the information you receive is not reliable.If you hired a survey company to determine the proper zoning of your property, and they failed to do this, they are "at fault" (you can sue them for negligence and breach of contract to cover your loss due to their miscategorization of the property).
Customer: replied 2 years ago.
I called the survey company & he said because those 2 pins were considered abandoned property by the city, he had to call & verify. He was only able to tell me the person he spoke with that he had in his "notes" & they advised him it was zoned commercial, but the book says something different. I think he did his job but should've got something in writing. What should my next steps. If the city is wrong or right? What about the title company?
Expert:  CalAttorney2 replied 2 years ago.
Again, the department that is citing you may have it wrong. The proper entity to confirm will be the City zoning department.If there is an issue, the survey company is the one that is in error. "Calling and making a note" is not within the "scope of practice" for a competent commercial survey company performing this type of work - and determining whether or not a plot of land is commercial or residential is a key issue for customers purchasing these types of lots.I would advise for your "next steps" following up with the City zoning department and confirming the actual zoning status for your properties.