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Title & Boundary Dispute Law in Illinois

Finding out that property lines are improperly drawn and learning that you have been partially occupying your neighbor's land, or vice versa, can cause some very serious legal issues.

In these instances, neighbors usually have the option to resolve the dispute by themselves. If the neighbors are on amicable terms with each other, and the dispute is minor (for example, it only involves a difference of a couple feet), and enforcing the property lines would be a major inconvenience for one or both of the neighbors, they'll probably decide to just go on as they had before. This is a viable option, to be sure, but it's not a perfect one: if, sometime down the road, one of the neighbors wants to attempt to enforce the legal boundaries, they might find themselves unable to do so.

Nonetheless, it's more common for the neighbor whose land is being encroached upon by the other neighbor to seek enforcement of the legal property lines. The other neighbor will almost certainly want to use the property as he had been, since enforcing the legal property lines would cause him to lose some of "his" land.

In addition to the boundary disputes mentioned above, land owners and buyers in Chicago, Illinois should also be aware of the possibility of a title dispute. Rather than being a disagreement over the exact boundaries between two pieces of land, a title dispute is a disagreement over who actually owns an entire plot of land. Uncertainty over ownership of land can come up more often than you might think, and is most often caused by a buyer's failure to correctly record a deed, or the accidental loss or destruction of a deed. Sometimes, however, these disputes can be more dishonest in origin: on occasion, unscrupulous sellers of land will attempt to sell the same parcel to more than one person. Obviously, once you've sold land to one person, you can't sell the same land to anyone else, as you no longer own it. These tricksters know this, but are attempting to gain a large amount of money through the multiple sales. Once this is done, they usually attempt to flee the state or country before the buyers discovery they've been duped. This leaves it up to the buyers to figure out amongst themselves who owns the land.

Possible Outcomes of Boundary and Title Disputes in Chicago, Illinois

One common resolution for boundary disputes is a court re-drawing the boundaries to fit with what the assumptions that the neighbors were operating under before the error was discovered. This usually happens when both parties were, for many years, aware of the actual property boundaries, and did nothing about it. Furthermore, if the neighbor who has been encroaching onto the other neighbor's land has made costly improvements thereto, this weighs in favor of that neighbor, since changing the property lines would impose significant hardship on that neighbor.

Nonetheless, a court might also enforce the legal property boundaries, particularly if failing to do so would place a significant burden on the owner of the encroached-upon land. If the owner of the encroaching land knew of the encroachment, and concealed it from his neighbor, this fact would further weigh heavily in favor of enforcing the legal property lines.

With title disputes (as opposed to the boundary disputes discussed above), a Chicago, Illinois court has to determine who owns an entire parcel of land. There are some pretty confusing legal issues involved here.

In general, the person who initially recorded the deed at the appropriate government office will be the one who the court deems to own the land, if they didn't have any reason to know about the existence of the other deed, or other sale, or whatever else gave rise to the title dispute.

What Can A Chicago, Illinois Attorney Do?

The legal problems that can come up in boundary and title disputes can get very perplexing. Given this fact, and the high stakes of such disputes, most people shouldn't approach these issues without good legal representation. It should therefore go without saying that the counsel of a knowledgeable Chicago, Illinois real estate attorney is essential in most of these disputes.

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Life in Chicago

Many people often think of Chicago as a mini-New York City with nicer people. Chicago in fact is a large city with a lot to offer tourists, include warm and friendly hospitality.

Popular attractions in Chicago include Willis Tower Skydeck, Millennium Park, Navy Pier, Lincoln Park Zoo, Art Institute of Chicago, Wrigley Field, Grant Park, and the Magnificent Mile. Additionally, Chicago is home to many great restaurants. In fact, the style of deep-dish pizza originated in Chicago.

If one would like to catch a Broadway show, they can at Broadway Theater. Famous universities such as Northwestern University and the University of Chicago also have wonderful, historical campuses that tourists often enjoy touring.

Being such a well-known city, many firms have office locations in Chicago, Illinois. Firms such as Baker McKenzie, Sidley Austin, Mayer, Brown Platt, and Winston Strawn have large offices that employ brilliant attorneys. Additionally, many small and mid-size firms are also present in Chicago. All in all, residents of Chicago have no need to worry for any legal inquiry of theirs can be handled by the legal force in Chicago.

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Chicago Boundary Dispute Lawyers and Chicago Title Attorneys

Title & Boundary Dispute Law in Illinois

Possible Outcomes of Boundary and Title Disputes in Chicago, Illinois