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I live in ill, my garge was built in 1998, and was buili on…

Customer Question
Hi,, i live in...

Hi,, i live in ill, my garge was built in 1998, and was buili on 10 feet of city right of way the city will not vaycate the 10 feet., what recorse do i have ?

Lawyer's Assistant: Where is the property located?

Customer:*****sherrard ill 61281 a small town of 640

Lawyer's Assistant: Has any paperwork been filed?

No i have my survey pappers and found out i was 10 feet over the line

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 25 minutes by:
11/18/2017
Real Estate Lawyer: Barrister, Lawyer replied 8 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,611
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Why is this coming up now?

.,

Are you being told you have to tear down the garage?

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Are you selling and this is coming up on a survey and title issue?

.

What is the right of way for?

.

.

thanks

Barrister

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Customer reply replied 8 months ago
i am not seling/ i want the city to vacate this 10 feet i am on , they no . leave it alone if i were to push them , they said they could force me to move my garage or tear it down , dont the adverse possesion protect me ? and how does this work ?
Customer reply replied 8 months ago
this a*****and i am on 10 feet of it when i pass on my son may have trouble selling it.
Real Estate Lawyer: Barrister, Lawyer replied 8 months ago

Ok, you can't force them to give you the land under adverse possession because the "eminent domain" laws and "sovereign immunity" laws basically say that you can't claim city owned land for your own no matter how long you trespass or encroach on it..

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Local and state govt is exempt from adverse possession claims..

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So if the property is ever sold, you would have to get a title insurance policy issued with that being an exemption from coverage in case the city ever did decide to come in and sue to force you to remove the encroaching structure.. .which legally they could do ..

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With that said, it is probably best to just quietly continue to use the area as you are on the wrong side of the law on this one..

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.

thanks

Barrister

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Customer reply replied 8 months ago
dear sir,, this is not what i wanted hear , but you should know,,,,,, and i thank you very much, and have a great day ,
Real Estate Lawyer: Barrister, Lawyer replied 8 months ago

You are very welcome. Happy to help any time, even though the news is kind of lousy..

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

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Thanks much

Barrister

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Real Estate Lawyer: Barrister, Lawyer replied 8 months ago

Hello again,

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I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

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Thanks much

Barrister

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