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The former owners of our house sold 10' of property to the…

The former owners of our...
The former owners of our house sold 10' of property to the former owners of the neigboring hoys so that the could build a shed to hold their firewood. The new owners store snowmobiles in the shed and are continually driving them through our yard, the whole yatd not just the shed to the alley. Do we have to allow this. He has put a stake in at the property line with no tresspassing signs but insists that he can use our yard because of easement laws.
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Answered in 3 minutes by:
5/16/2018
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 9,007
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Welcome and thank you for your question. I will be the professional that will be assisting you.

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The only portion of real property that the neighbor can use is the 10' they purchased. Did you close the purchase of your real property through a title insurance company?

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Customer reply replied 3 months ago
we did

The title insurance policy would set out any easements. If there are no easements in your policy that benefit the neighbor they cannot trespass. Do you have a copy of the title policy?

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Customer reply replied 3 months ago
we do

Can you attach the policy?

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Customer reply replied 3 months ago
i'm not sure what parts to attach

There is a schedule A and B.

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I highly doubt that they have an actual easement through your property.

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There is no way you would have purchased the land with your neighbors being able to drive through your yard. If there was any such agreement with the seller the seller needed to disclose this to you.

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You can call the title company and ask them if there is such an easement.

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Customer reply replied 3 months ago
Thank you

I think the neighbors are full of it.

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Customer reply replied 3 months ago
I'm looking through the stack of documents.

Where in Illinois is the real property located?

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Customer reply replied 3 months ago
Amboy in Lee county

Any easements would also show up on the deed and a survey if you received a survey.

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Customer reply replied 3 months ago
I have a copy of the survey in hand and it doesn't show anything about an easement

Easements are generally in the back of a property for utility company purposes.

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I can provide a link for Attorneys in your area that provide free consultations if that would help?

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Customer reply replied 3 months ago
The shed is made of lattice and has 2 eight foot doors which open on to our property but one of the sides is at the alley.
Customer reply replied 3 months ago
That would be great

One moment please.

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Customer reply replied 3 months ago
Thank you. We have been here for 27 years and loved the old neighbor but this one is a piece of work

It sounds horrible.

You are most welcome. Are you able to see the rating scale at the top of the page on your end, 5 stars? Thank you for your consideration.

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Customer reply replied 3 months ago
I just found the papers. Schedule A&B ; can i send them to you

Yes. Please attach them.

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Customer reply replied 3 months ago
I'm not sure if this works

The only language I see is rights of way for drainage ditches...

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The policy states that it does not insure over unrecorded easements. I do not see any language that provides an easement.

Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 9,007
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Customer reply replied 3 months ago
thank you!

Thank you.

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