Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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: 5 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 25 minutes by:
11/18/2017
Real Estate Lawyer: Barrister, Lawyer replied 5 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,125
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.

.

Why is this coming up now?

.,

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

.

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

.

What is the right of way for?

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 5 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 5 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 5 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..

.

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

.

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 ..

.

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..

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 5 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 5 months ago

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

.

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.

.

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.

.

.

Thanks much

Barrister

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Barrister, Lawyer replied 5 months ago

Hello again,

.

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

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,125
41,125 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

41,125 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
What are ste. What besides re-surveying are steps to prove
What besides re-surveying are steps to prove alleged encroachment on neighboring property due to new fence installation ? Thank you … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,700 satisfied customers
If i allow an Easement / Right of Way to put on my Property
if i allow an Easement / Right of Way to put on my Property how will it effect my Rights of Ownership and rights to sell or Cancel the Easement. … read more
Barrister
Barrister
Lawyer
41,125 satisfied customers
We recently had our lake house property surveyed and found
We recently had our lake house property surveyed and found out that our neighbor … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
If our deed has a documented Right of way for us to access
If our deed has a documented Right of way for us to access our property can the owner of the land that the right of way crosses ever deny us access to our property? … read more
Barrister
Barrister
Lawyer
41,125 satisfied customers
I have a vacant land in Punta Gorda Fl. that I had surveyed
I have a vacant land in Punta Gorda Fl. that I had surveyed and come to find out the neighbors septic tank and field is 21 ft over my property line … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
We share a Right-of-Way (ROW) with a neighbor. 85% of that
We share a Right-of-Way (ROW) with a neighbor. 85% of that ROW is on our property. Our deed says we must give them 3' wide of ROW from the back road to the main one, about 100'.Is it possible to end t… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
I have a question about a Right-of-Way Grant by the Bureau
Hello. I have a question about a Right-of-Way Grant by the Bureau of Land Management on an access road to a property & home we would like to purchase in Chaffee County, CO. This was just disclosed to … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
If I buy property do I have the right to get a right of way
If I buy property do I have the right to get a right of way to the property if the property is land locked. … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,700 satisfied customers
We have a gate that sits inside the road right of way at the
We have a gate that sits inside the road right of way at the end of a cul-de-sac which has been there for 20+ years, neighbor wants us to move it - is it possible to get a prescriptive easement where … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,153 satisfied customers
I have a neighbor who had a new survey done. According to
Hi Pearl, I have a neighbor who had a new survey done . According to the new boundary, it created a line that crosses over my driveway. by 15' .on an acute triangular sliver that reduces down to nothi… read more
Barrister
Barrister
Lawyer
41,125 satisfied customers
I live in Pennsylvania, I live at the end of a right oF way
I live in Pennsylvania, I live at the end of a right oF way that crosses 3 other landowners their sections are to the point of being in passable do to sections washing out and my vehicles continue to … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Trying to sell home in Youngstown, Florida. Have 4 surveys
Trying to sell home in Youngstown, Florida. Have 4 surveys dating back 27 years by same surveyor showing. 95 acre. The fifth survey by the same surveyor showing everything different and places buildin… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
The County wants us to sign a Right-of-Way W-9 form and
Hi - the County wants us to sign a Right-of-Way W-9 form and other papers concerning the sale/lease of right-of-way and/or easement to Cobb County in conjunction with a publuc improvement project? I l… read more
Damien Bosco
Damien Bosco
4,179 satisfied customers
My neighbor claims he has a right of way over my property.
My neighbor claims he has a right of way over my property. There is nothing in my deed to indicate this. He says the person I bought the land from gave him a right of way. I was never made aware of th… read more
Damien Bosco
Damien Bosco
4,179 satisfied customers
I need to know if a road is a right of way. It is on every
I need to know if a road is a right of way. It is on every map I brought up and the road name is ***** ***** to the property . The taxes and electric bill come with the address and 911 is registered a… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,153 satisfied customers
In eminent domain of private residences, isn't the property
in eminent domain of private residences, isn't the property owner excluded from paying Capital gains? … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Caltrans took mo home of 35 years by eminent domaine in 93.
Caltrans took mo home of 35 years by eminent domaine in 93. I transferred my basis to a new house which is too big for meto handle at 80. Can I transfer my basis into a lesser house without triggering… read more
Michael Bradley
Michael Bradley
JD
1,371 satisfied customers
I am named as a defendant in an eminent domain case against
Hello, I am named as a defendant in an eminent domain case against a landlord by the city in Texas. I used to be a tenant in this building but my lease expired more than a year ago and I have since mo… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,700 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x