Does misplacement of a road change the intended boundaries of adjacent properties?

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Does misplacement of a road change the intended boundaries of adjacent properties?

After living on a property that I purchased 19 years ago, I just learned through a survey done by my neighbor across the street, a private road serving 14 homes, that the road was not constructed exactly as planned and that his property line extends across the street and about 5 feet into my property. By squatter’s rights or some other provision can I claim ownership of this small strip and prevent him from modifying it, e.g. cutting down trees and planting? I have maintained it all this time.

Asked on June 22, 2012 under Real Estate Law, Illinois

Answers:

Bruce Broyles / The Law Office of Bruce M. Broyles

Answered 10 years ago | Contributor

You may be able to obtain title by adverse possession depending on the actions of the person who lived in the property before you.  Adverse possession takes 21 years but you can "tack" on the time period of the previous owner.  The possession must be open, obvious and adverse, but not necessarily intentional.


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