undefinedWhat is the name of your state? Illinois
When I purchased my home approximately 2 years ago, I was notified by my neighbor that the land in my backyard encoached upon his by about 3 feet. The encroachment was identified as a 'rock pile' (by the neighbor)...when in actuality it is a concrete waterfall. He has notified me by mail on several occasions, and has continued to insist he wants the encroachment removed.
The neighbor has many many acres of land which he is currently using to try to grow trees. Previously, he had leased the land to a local farmer who used it to grow crops. It is my understanding that this land had been 'deeded' to a local conservation group, so that upon the death of my neighbor, it will not be sold, but will remain a field/forest or at least, undeveloped. It is also my understanding that he is a wealthy landowner with no real need for this 3 feet.
If when I purchased the property the encroachment already existed...is it mine to have to remove? Part of the waterfall is on my land, and 3 feet of it extends to his. If he were to bulldoze it, and in the process, damage my property, would he be liable?
He has just placed 2 large fence posts in the area in question (on his land) and in order to complete the intent of the posts, he would have to remove the encroachment.
Moving the encroachment would be expensive and time consuming. My frustration lies in the fact that he has no need of this 3 feet. My pleas to write up an agreement with the neighbor for me to 'rent' the 3 feet from him have been turned down.
What is my least expensive and most effective argument or action that can or should be taken?
10-20-2005, 08:31 AM
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