adverse possesion

[kevin kid]

I live in Central Illinois, my family has held about 6 lots in an area that is unrecorded for 20+ years, we have had fences round all the losts since the 1980's they ajoin-about 10 years ago i built a home on 3 of the lots, also about ten years ago i bought another 10 acers that ajoin all of these lots~ think of a big square of about 15+ acers with parents land included. ok here is the problem, the 10 acers is subdivided and there is an easement thru the middle incause the land is ever developed- my neighbor is telling me that he has bought one of these easements for back taxes (60 x 140) the part that they are saying they own now has tile and a swale that run thru it to drain the 10 acers i bought because when i built my home i was never told it was a natual water way~ so in short i had to move the water way away from my home because i was holding about 6 acers of water 4 ft deep againt my basement wall- that was very expensive about 25k- so this land (40 X160) 10 years after i built and 20+ years of living out here and now I'M being told I dont even own it~ i know its confusing, i just need some advise- im seaking an attorney but i dont understand how this has happen when i have paid my tax's and i put the waterway in about 6 years ago and they bought it 7 years ago and nothing was said to me about them buying it or telling me not to put the waterway there because they own it or anything~

 

[justalayman]

if you bought the 10 acres (which is subdivided) you should have been aware of that since it being subdivided means it has already been broken down into lots. You would have had to purchase all the lots individually.

my neighbor is telling me that he has bought one of these easements for back taxes (60 x 140)

easements aren't bought and sold and since they are not real estate, there are no taxes on an easement. I have no idea what this guy bought but if it runs through your property and he bought it at a tax sale, somewhere along the line, you apparently failed to pay your taxes or you have built on property you don't own.

when i built my home i was never told it was a natual water way~ so in short i had to move the water way away from my home because i was holding about 6 acers of water 4 ft deep againt my basement wall

sounds pretty simple:

there was water
it was apparently naturally occurring

that would mean there is a natural waterway or wetland. You would be required to investigate the requirements for altering the waterway or wetland. Your failure to do so does not relieve you of that obligation.

the time to claim adverse possession, in Illinois, is 7 years under color of title and 20 years otherwise. It sounds like you might have a claim under color of title but without reading all of the germane literature, it is impossible to determine. If you do have a claim, you will have to file a suit to quiet title to actually take claim to the property.

If you do not have a claim under color of title, it appears you have not possessed the specific are in question for the requisite 20 years and as such, would have no right to claim the property.


Your post is quite confusing and there are a lot of details you did not post that are critical in determining if you have a claim or not. I suspect you don't have all the details needed. As such, your best bet will be to set down with an attorney who can look at all of the facts of the case and render an opinion.

 

[kevin kid]

as far as the wet land, yes i did contact the county and i had to get an easement signed and wittnessed by the neighbor to the south and filed with the county in order to run tile thru their yard, i knew i went thru their land and all is good there, that is my problem when i put this in the county was out here and said all was fine- thats why i cant understand how a portion of land was purchased and then i was never made aware of it till now~ the people who bought the land know i use it, i mow it, it is fenced in, i seed it, i use it as part of my yard~ and to come out today and say they own it and we need to do something about it~

 

[justalayman]

the people who bought the land know i use it, i mow it, it is fenced in, i seed it, i use it as part of my yard~ and to come out today and say they own it and we need to do something about it~

is this part of the land you claim you do hold title to or some of the land that you do not hold title to and argue a claim of adverse possession?

 

[drewguy]

Yes, ask this guy what proof of ownership he has and what exactly he bought. If he "bought" an easement then he would have to be compensating the landowner--you. An easement can't just be "sold" for non-payment of taxes. If there was non-payment on the parcel then the entire lot could have been sold through a tax sale, but you ought to check with the county and ask the neighbor when this occurred, why it occurred, and get a copy of the deed.

Also, if you built the swale/tile drainage before the time when the lot was supposedly purchased (however that happened) then you may be able to claim there was an implicit easement for the tile/swale.