Property Disputes in Springfield, IL

Property disputes in Illinois are common between neighbors. They even occur between companies and governments. People want to protect what is legally theirs, but sometimes the boundary lines are not clear.

Find out what you can do if you have a property dispute in Springfield, Illinois. Discover the legal remedies and actions that can help you clear up a misunderstanding, arrange a settlement, or manage an issue involving your property.

What Is a Property Dispute?

Property disputes are legal disputes that involve real estate, including single-family homes, apartments, roads, condominiums, and ponds. Springfield, IL property disputes can involve a wide range of parties, which might include some of the following:

• Neighbors
• Homeowners’ association
• Landlords and tenants
• Family members
• Trespassers
• Property visitors
• Government agencies

If you live in Springfield, you can file your property dispute case in the Seventh Judicial Circuit Court.  Upon appeal, your case may transfer to the Illinois Appellate Court, Fourth District in Springfield.

Common Types of Springfield, Illinois Property Disputes

It’s important to know about common disputes to understand your circumstances. The most common property disputes often include:

• Disputes between neighbors regarding where property lines exist
• Disputes between landlords and tenants regarding who is at fault for damage to the property
• Homeowners and real estate developers disagreeing over who is responsible for repairs on construction
• People blocking their neighbor’s view via a “spite fence” or another structure specifically made to annoy their neighbor
• Disputes between mortgage lenders and creditors over who can foreclose a property and who receives the proceeds of a sale
• Disputes between homeowners and government agencies about whether they have a utility easement
• Ownership disputes about who is the rightful owner of a property
• Issues with zoning

Beyond these examples, you may find other situations in Springfield where a property dispute occurs. In general, if you own land, you have to constantly watch out for it and ensure that others are not using it illegally or trying to claim it as their own.

Understanding Typical Springfield, Illinois Property Disputes

The City of Springfield outlines the penalties for tree damage to City trees. For example, improper pruning can result in a $500 fine per tree. As well, the removal or destruction of regulated trees can result in a $500 fine per tree, plus the cost of replacing the tree(s). Be aware, each day of continued violation is a separate and distinct offense.

Under the Illinois Farm Nuisance Suit Act, Springfield farms receive protection from nuisance actions involving matters like noise, odor, and dust. Specifically, a farm cannot become a nuisance because of any changed conditions in the surrounding area. The Act applies if the farm was not a private or public nuisance when it began operations. Finally, the farm must be in operation for at least one year.

Legal Process for Boundary Disputes In Springfield, Illinois

Has someone brought a property dispute against you in Springfield, or are you starting a property dispute against someone else? If so, you need to understand the legal process you will go through. This process begins with understanding the issue at hand.

Understand the Boundary Issue

To understand the specific boundary dispute, you’ll have to do the following things:

• Complete a land survey to locate the exact boundary of your home as outlined in the legal description of the deed. This survey will help you understand your property and how much of your land is encroached.
• Conduct an appraisal to learn the exact market value of the piece of property that is in dispute.
• Do a title search to find all of the documents in the chain of title of your Springfield, IL property. The title search will show if any deeds may affect your ownership.

These things will likely have happened when you purchased the home. If that’s the case, the documents you already have should suffice unless the case goes to court.

Springfield Municipal Code details fencing requirements in residential districts in Springfield. For instance, any fence you build in a required front yard must be at least fifty percent open. In addition, any fence in this location cannot exceed four feet in height, measured from ground level. Regardless of location, you cannot build a fence over six feet in height. Furthermore, you cannot build a fence out of barbed wire, metal spikes, or any other sharp pointed materials.

Try to Find a Solution with Your Neighbor

Property dispute litigation in Springfield, Illinois can cost a fortune, not to mention it can take a long time to settle a dispute. Therefore, it’s important to open a discussion between you and your neighbor. If you can reach an agreement and settle the dispute without going to court, you can save time and money.

Try to communicate directly with your neighbor. You can attempt sending a letter, email, making a phone call, or visiting their home if that’s a safe option.

If no progress happens and it’s clear that you and your neighbor are still on completely different pages, at this point, you should consider hiring an attorney to assist you. They can help you understand if you have legal grounds upon which to stand. If you do, then you can send a demand letter.

Sending a Demand Letter

This letter will be from your Springfield attorney to your neighbor, and it will outline the property dispute. It will give your neighbor the option to respond via a requested action, or it will provide a reasonable price for settling the dispute out of court.

Your neighbor will likely forward this letter to their attorney to better understand the boundary dispute. From there, the attorneys on both sides will decide the best course of action moving forward.

Going to Court or Reaching a Settlement

Typically, the best option for both sides is to settle the dispute out of court to avoid costly litigation fees. But if your negotiations are going nowhere, it might be necessary to file the dispute with the court. The court will then look closely at the evidence presented and determine who owns the Springfield, IL property in question. Keep in mind the court’s decision is legally binding. You may not agree with it, or it may not be exactly the result you wanted to see. That is why it’s typically in your best interest to settle.

To begin your property dispute case in Springfield, you and your attorney can file with the Sangamon County Clerk of the Circuit Court.

Work With an Experienced Local Property Dispute Lawyer In Springfield, Illinois

When it comes to property disputes, you should work with an experienced property dispute lawyer. Whether you’re filing a property dispute against your neighbor or you are defending a dispute brought against you, you’ll need a lawyer that understands Springfield property law on your side. An experienced lawyer can help you settle before taking the dispute to court, which will save you both time and money. We can even help you connect with an attorney across Illinois state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!