disputing property line?

Property has not been surveyed and no one wants to pay the 10,000 – 15,000 to pay it. The original owner that split the land has stated what he sold and that is where my fence is going. New neighbor disputes this…..do I put the fence up anyway??? Anyone know my legal rights in Illinois??
The original seller, the original buyer, and myself have all checked into having the property surveyed….it is at least ,000 or more. We live in the county and no one has bothered having ANY of the property out there surveyed. They would have to start a 1/2 mile down the road and work their way back. So if there is a dispute who would be ordered to pay for the survey??

7 Responses to “disputing property line?”

  1. Landlord Says:

    Call another surveyer. It would be about 400 only, any maybe another 400 to start down the road. The lines are usually staight, making the distance not a big factor.

    Since you are the one erecting the fence you should pay to prove you are not trying to steal land.

  2. wizjp Says:

    What teh hell is the size of the property? YOu should get a survey done for less than a Grand unless the property is the size of a county.

    You will resolve NOTHING without a current survey.

    A court will order one as soon as someone files a legal complaint about a fence placed on their property.

    Penny wise and pound foolish here.

    Survey

    1/2 mile? that’s a 2000 foot boarder. Generally whomever loses the dispute pays; but 5the judge may also rule that the survey benefits the landholder; ot that a title company should have required one when it was sold.

    Might check with them as well

  3. 2Westies Says:

    Surely a survey doesn’t cost $10,000 – $15,000?, There’s should be an original survey and recorded deed with the legal description, take a look at them.

  4. Commentator1981 Says:

    Is this land that has been maintained? Whichever party has maintained the land for a period of time (usually 20 years) is the owner of the land – I live in Illinois as well, work in real estate, and to my knowledge, it’s 20 or 25 years. But if it’s wetland, or unmaintained area, a survey would need to be provided since nobody has maintained it (cut grass and what have you). If you haven’t already, check with the County zoning office where the property is located. Many have records going back many years. I sold a property last year that had a survey from 1849 in the record books that nobody knew about.

    It sounds like you have multiple acres. If it’s a fairly small plot of land, a survey should only cost a couple of thousand dollars. But if you have 5-20 it’s usually around $5k – $8k. For more than that it really jumps up quick.

  5. Woof Says:

    The ONLY party that can accurately and "officially" locate the property line is a licensed land surveyor. What current and former owners "say" is meaningless. You’re the one who wants to put up a fence, so you’re the one who need to pay to have that line located and marked.

    I think you’re way off base on the $10-$15K figure. You may be asking for the wrong type of survey. Call a couple of surveyors, accurately state what you need done and ask for a quote. If you only need one lot line located, then state that. Surveyors routinely must work in from control points 1/2 mile or more away – it’s NOT that costly.

  6. Mr Placid Says:

    A half mile down the road???? How big are your properties? Like a few acres? And how big is the disagreement concerning the boundary? A few feet? So, out of a few acres, you two are complaining about a few feet? Can’t you & your neighbor simply reach an agreement concerning where the property line is, and go with that? That is far better than paying for a survey.

    Just FYI, regarding who pays for the survey, the way it works is this: Whoever sues pays for the survey. So, for instance, you put up a fence. Your neighbor sues you for trespassing. Your neighbor, as the plaintiff and the party with the burden of proof, will need to produce evidence (i.e. a survey) that indicates your fence is encroaching on his property.

  7. ca_surveyor Says:

    THere is a bigger question as I see it. When the original owner split the land he was required to comply with your state’s subdivision laws. That almost ALWAYS requires a survey and a map. Why don’t you simply get a copy of that map? If there is no such map or survey and the land split was done without any legislative compliance, then the land split is likely invalid.

    Next.. $10 to $15k for a survey of a single property line? Unless you live in the mountains with lots of trees and deeds that say things like "Beginning at the old crik in the road near the rotted stump in the stream bed" I have a hard time seeing that much for a survey (and I have been doing EXPENSIVE surveys for a long time). A half mile away is nothing with todays GPS equipment… which is why I mentioned the trees.

    THis is especially true if an earlier survey was performed.. just contact THAT surveyor.

    Ok.. to your question…

    1) Tell the other person to "put up or shut up" if it is his land have him prove. Say this in writing… it otherwise:

    2) At your risk you can install the fence where you believe it should go. If he takes it down then he needs to prove it was on his land in conjunction with that removal.

    3) If he demands you move it, see item #1.

    4) As an alternate you can both agree on the location of a fence.. and file a fence line agreement which will state that it is just a fence.. no rights are transferred, taken, or given. That will save you some heartache when one of you sells the property to a lawyer with a chip on his shoulder.

    good luck