Illinois Agreement Between Adjoining Landowners Regarding Encroachment of a Building

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Multi-State
Control #:
US-01142BG
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Word; 
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Description

A encroachment occurs when a portion of adjoining real property owned by Owner A hangs over the property line of Owner B's premises or physically intrudes onto Owner B's premises. The actual structure that encroaches might be a portion of a building (as in this form), a tree, bush, fence, or other fixture. In this agreement, Owner B agrees to allow such an encroachment. However, this consent of Owner B shall remain in force and effect only so long as the present structure of Owner A remains standing.

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FAQ

It refers to a situation that needs to be negotiated, authorized, or taken to court. Examples of a major encroachment would be extending a building over property lines or an overhanging tree branch that could potentially cause serious injury.

An encroachment agreement is a written confirmation between the City and an owner of a property which allows a structure that extends onto City or public property to remain in place.

Write the LetterDescribe the violation.Explain that you are giving the neighbor notice that she needs to remove the encroaching structure.If relevant, mention other solutions such as selling the land or giving the neighbor permission to use the encroached-upon area.More items...?

If you're looking to get an encroachment handled when buying or selling a property, there are a few solutions you can try.Talk To Your Neighbor. Your neighbor may be willing to move whatever is on your property over to theirs if it's easily moveable, like a garden.Sell The Land To Your Neighbor.Go To Court.

An encroachment is an unauthorized intrusion onto a neighboring property through the creation or extension of a physical structure (including flora) above or below the surface of land.

The term encroachment refers to a situation in real estate where a property owner violates the property rights of his neighbor by building on or extending a structure to the neighbor's land or property intentionally or otherwise.

Remedies for EncroachmentTalk to your neighbor about the issue.Hire a surveyor if you don't have a survey on hand.Ask your neighbor to purchase the land from you.If you're still not getting anywhere, have an attorney send a property encroachment letter.More items...?

What is the primary danger of allowing an encroachment? Over time, the encroachment may become an easement by prescription that damages the property's market value.

In simple terms, the law means that if a neighbour of yours moves their fence by a few metres one year, and you do not complain or even mention it for a certain period of time, they could then legally claim to be the owners and occupiers of the land.

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Illinois Agreement Between Adjoining Landowners Regarding Encroachment of a Building