What steps do I take when2 surveys show a 4′ difference in lot lines?

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What steps do I take when2 surveys show a 4′ difference in lot lines?

When I purchased my home in 2006, the lot was split into 2 parcels. I have a survey from then. Now the owner of the empty lot wants to build and his survey shows his lot line into mine by 4′. I have a fence on my lot line from my plat done in 2006 that he is proposing to remove. Also, I contacted the city planning deptartment to notify it of this, and to have it hold off on approving the plans based on this difference and the fact that the new structure has to be 6′ from the lot line. It told me it couldn’t get involved and it wouldn’t stop it from approving the plans. How can it approve do this?

Asked on May 27, 2011 under Real Estate Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Never mind the how's and the why's with the City.  They don't care about your dispute on boundary lines at this point in time.  What you need to do is to find an attorney - hopefully the one that did the closing for you - and discuss an action to quite title to the property.  Was there a title search at the time of the closing?  Was there title insurance issued?  The title company insured title to the parcel was good.  Please, you need to hurry and do this as soon as you can.  The longer that you wait the worse it is.  I know that it is a pain but if you do not settle the matter now it will only cause continuing problems between you and the neighbor.  Good luck to you.


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