Saturday, February 6, 2010

Get a Survey or Get a Lawyer

Introduced to me recently was a new problem that has been around for a long time. I share a property line with two people, Beth who lives next to me and Joe who lives behind me and Beth. Joe moved into the neighborhood 10 years ago. Last week Joe accused Beth, who built her house over 50 years ago, of having her bushes on his land. She was frightened to the point of tears, and disturbed that Joe would try to take her land. Joe had claimed squatter’s rights.


I’ve left out a lot of stuff to get to the meat of the situation, especially this concept of squatter’s rights. To believe this entitlement exists nowadays blows my mind! Yes, squatter’s rights or adverse possession is still a law in the U.S. of A. It seems after so many years Joe, or anyone for that matter, can claim your land as his or her own. The length of time for this acquisition is 7 years, but in Illinois, I believe it takes 20 years before someone can claim your land. Think about it, if you let someone put a garden on, or run a pipe through your property and they use that land continuously for 20 years, they can claim that land as their own regardless of the size of the plot.

We complaint and have opinions about many thing, but when it comes to property that we paid big bucks for - especially in real estate taxes - it’s becomes more than a complaint or opinion. We become the victim of a rape.

I’m especially concern for the elderly who have no one to help them with this type of invasion. Beth is fortunate because she has a son. Beth’s son phoned Joe about the situation and gave him a warning. Beth also wrote Joe a letter and sent it registered. Essentially, she informed Joe to get a survey or get a lawyer. Way to go Beth! What would you do if someone claimed squatter’s rights on your land?