I need some help with an adverse possession case

[warrior35]

What is the name of your state?Il

I bought an empty lot in a subdivision 3 years ago. In the front of the lot there are 3 property pins because the lot is on a curve in the road. The neighbor on the right side bought his property in 1970. In search for his property pins he found the middle pin on my property and thought this was the edge of his property. He has mowed this section since he purchased his. I am now trying to sell my lot but he is arguing the fact that that piece of property from the middle pin to the outside pin is his property. He was not aware that the land was ever anyone else's but his. His lawyer sent a letter to my realtor saying he owns it by adverse possession. Is this true?

 

[John Se]

dont think so, search a little

difficult to perfect the adverse possession claim, mowing the lawn doesnt do it. Has to have open and notorious possession, meaning he knew it was yours and is taking posession adversly to your interest. Seems like he just thought it was his all along, not purposefully taking posession knowing it was yours. I believe that adverse possesion is not in favor with the courts, tell him to go ahead and sue, shouldnt be that expensive to fight. Other comments, this topic comes up alot. search a little

 

[seniorjudge]

What is the name of your state?Il

I bought an empty lot in a subdivision 3 years ago. In the front of the lot there are 3 property pins because the lot is on a curve in the road. The neighbor on the right side bought his property in 1970. In search for his property pins he found the middle pin on my property and thought this was the edge of his property. He has mowed this section since he purchased his. I am now trying to sell my lot but he is arguing the fact that that piece of property from the middle pin to the outside pin is his property. He was not aware that the land was ever anyone else's but his. His lawyer sent a letter to my realtor saying he owns it by adverse possession. Is this true?

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=il&vol=app/2001/3000451&invol=3