Few things damage neighbor relationships faster than a dispute over property boundaries. Every year, property owners across Chicago and the surrounding counties find themselves in conflicts over where one property ends and another begins.
These disputes surface at the worst possible times. A survey before closing reveals your neighbor's garage extends over the property line. The title company won't insure. Your buyer threatens to walk. Or you're ready to build, and an old easement on the title report blocks your plans.
What Are Property Line Disputes?
Property lines are the legal boundaries that define where your property begins and ends. These boundaries are established through surveys, legal descriptions in deeds, and recorded plat maps.
Disputes arise when property owners disagree about where those boundaries are located. Even when neither party intended to create a problem, disagreements over fence lines, driveways, or structures can escalate into legal conflicts.
Property line disputes also surface during real estate transactions when title companies order surveys that reveal encroachments or boundary issues that affect the sale.
What Is an Encroachment?
An encroachment happens when someone builds a structure that crosses onto a neighbor's property without permission. These can occur above ground or below the surface, and they may be deliberate or accidental.
Property line disputes frequently center on encroachments. One owner believes their improvement is entirely on their land. The neighbor disagrees about where the boundary actually is.
Encroachments take many forms in both residential and commercial settings:
- Fences built over the property line
- Driveways or paved areas extending onto neighboring land
- Building additions, overhanging roofs, or foundations
- Decks, sheds, or detached garages
- Retaining walls or landscaping berms
- Trees, bushes, or garden beds crossing boundaries
- Underground utilities, septic systems, or drainage structures
Many encroachments exist for years without detection. Once discovered, encroachments can block real estate transactions, prevent development, and damage neighbor relationships.
Why Encroachments Matter
Encroachments can create several problems:
Title insurance issues. Most title companies won't insure property with known encroachments unless they're resolved.
Transaction delays. Buyers and lenders typically refuse to proceed until encroachment issues are addressed.
Legal liability. If you know about an encroachment and don't act, you may lose the right to require removal later.
Development restrictions. Encroaching structures can prevent you from building or using your property as planned.
Resolving Property Line Disputes
Not every property line dispute requires litigation. Many resolve through documentation and negotiation.
Get a professional survey. A licensed surveyor provides authoritative evidence of where boundaries actually exist. Both parties can rely on objective data rather than assumptions or old fence lines.
Start with communication. Talk to your neighbor. Many encroachments are unintentional and can be resolved through conversation once both parties understand the actual boundary location.
Negotiate practical solutions. The encroaching party relocates their structure. You sell them the strip of land they're using. You negotiate compensation to allow the encroachment to remain. The solution depends on the specific situation and what matters most to both parties.
Document everything. Keep records of surveys, conversations, and any agreements. If your neighbor refuses to cooperate, a Cease and Desist Letter formally documents the issue and your position.
When negotiation fails, legal action may be necessary. A quiet title action asks the court to establish the exact boundary location and determine rights to the disputed property. These lawsuits create binding court determinations that resolve the dispute and protect future owners.
For more information about quiet title actions and resolving title defects, see our title dispute resolution services.
How Illinois Courts Decide These Cases
When property line cases reach court, Illinois judges focus on establishing the true boundary location through survey evidence, deed descriptions, and historical use.
For encroachment cases, courts consider several factors: Was the encroachment intentional or accidental? How long has it existed? What would removal cost compared to the harm it causes?
Courts sometimes allow minor encroachments to remain if removal would be disproportionately expensive, but they typically require the encroaching party to compensate the property owner. The key is that delays hurt your position. If you discover an encroachment and don't take action, courts may view that as acceptance.
Encroachment vs. Easement: Understanding the Difference
Property disputes often involve confusion between encroachments and easements.
An encroachment is an unauthorized physical intrusion onto your property. A neighbor's fence crossing the boundary line is an encroachment. It's not a legal right - it's simply a structure where it shouldn't be.
An easement is a legal right to use someone else's property for a specific purpose. Utility companies have easements to maintain power lines. Neighbors might have easements for shared driveways or access to landlocked parcels. Easements are typically recorded and create permanent property rights.
For information about easement disputes and how to challenge or enforce easements, see our easement disputes page.
How We Help in Property Line Disputes
We represent property owners, buyers, sellers, and developers in property line disputes throughout Chicago and the surrounding counties by:
Reviewing surveys and title documents. We analyze surveys and property records to determine boundary locations, identify encroachment issues, and evaluate your legal position.
Negotiating resolutions. We work to resolve disputes through negotiation when possible, protecting your interests while avoiding unnecessary litigation costs.
Filing quiet title actions. When court intervention is necessary, we file quiet title actions to establish clear boundaries and obtain binding court determinations of property rights.
Coordinating with surveyors and title companies. We work with professionals to gather evidence and resolve title issues that affect transactions.
Whether you're facing an unexpected survey result, an encroaching structure blocking a transaction, or a neighbor who won't acknowledge property boundaries, we focus on practical solutions that protect your rights and keep your project or transaction moving forward.
Common Questions About Property Line Disputes
How do I know where my property line actually is?
The only reliable way to determine exact property lines is through a professional land survey conducted by a licensed surveyor. Old fences, neighbor agreements, and assumptions are not legally authoritative. A survey provides concrete evidence based on legal descriptions and recorded plat maps.
What should I do if a survey shows an encroachment?
Address it quickly. Many encroachments can be resolved through conversation and agreement, but delays can weaken your legal position. We can review the survey, determine your options, and help you decide whether to negotiate a solution or pursue legal action.
Can I force my neighbor to remove a fence that's on my property?
It depends. Illinois courts consider how long the encroachment has existed, whether it was intentional, and what removal would cost. You may be entitled to have it removed, or the court might order compensation instead. Acting promptly once you discover the problem strengthens your position.
Will an encroachment prevent me from selling my property?
Most buyers and lenders won't accept property with unresolved encroachment issues. Title insurance companies typically refuse to insure over encroachments unless they're resolved or addressed through specific exceptions. The best approach is resolving the problem before listing, or making resolution a condition of the sale with appropriate contractual protections.
How long does it take to resolve a property line dispute?
It varies. Some disputes settle quickly through negotiation once both parties see survey evidence. Others require quiet title litigation, which typically takes 12 to 18 months depending on court schedules and case complexity.
Have a Boundary Line Dispute?
Property line disputes don't resolve themselves, and delays often make resolution harder and more expensive.
If you're dealing with an encroachment, a boundary disagreement, or a survey issue in Chicago or the surrounding counties, contact us for a free consultation to discuss your options.
Schedule a Free ConsultationWhat to Expect During Your Consultation
During your free consultation, we'll discuss the specific property line issue you're facing and explain your legal options. We'll help you understand the strengths and weaknesses of your position and develop a clear strategy for moving forward.