Property Line Laws in Illinois

Illinois property line laws balance the needs of the state's vast agricultural landscape with its dense urban centers. The state's Fence Act provides a structured system for resolving partition fence disputes through township fence viewers, a mechanism rooted in the state's farming heritage. With 102 counties and Cook County's unique Torrens title system, property boundary research varies significantly depending on whether you are in rural downstate Illinois or the greater Chicago area.

Fence Laws in Illinois

Fence laws determine who is responsible for building and maintaining boundary fences between neighboring properties. In Illinois, understanding these rules can prevent costly disputes with neighbors.

General Fence Law

Illinois follows: closed range statewide

Illinois is a closed-range state. The Illinois Fence Act (765 ILCS 130/) requires adjoining landowners who both use their land for agricultural purposes to share the cost of constructing and maintaining partition fences equally. Fence viewers appointed by the township can resolve disputes over fence maintenance responsibilities.

Notification Requirements

Under the Illinois Fence Act, a landowner must notify the adjoining owner of the need for fence repair or construction. If the neighbor fails to respond, the aggrieved owner can petition township fence viewers to resolve the matter.

Spite Fence Rules

Illinois does not have a specific spite fence statute. Courts may address maliciously constructed fences through general nuisance law and municipal ordinances that restrict fence height.

Adverse Possession in Illinois

Adverse possession is a legal doctrine that allows someone to claim ownership of land they have occupied openly and continuously for a certain number of years. Understanding these rules is important for protecting your property rights.

Statute of Limitations: 20 years in Illinois

Requirements for an Adverse Possession Claim

Claimant must demonstrate actual, open, notorious, continuous, hostile, and exclusive possession for 20 years. Illinois also has a shorter 7-year period for claims under color of title with payment of taxes (735 ILCS 5/13-109).

If you are a property owner in Illinois, knowing the adverse possession period helps you understand the importance of monitoring your boundaries and addressing encroachments promptly. Regular boundary checks can help protect your ownership rights.

Timber Trespass Laws in Illinois

Timber trespass occurs when someone cuts, removes, or damages trees on another person's property without permission. Illinois law provides significant penalties to deter this behavior and compensate affected property owners.

Penalty: triple damages

Statute Reference

740 ILCS 185/2 (the Timber Buyers Licensing Act) and common law provide for treble damages for willful timber trespass. Illinois courts have consistently upheld treble damage awards for unauthorized tree cutting.

To avoid accidental timber trespass, always verify your property boundaries before clearing trees or brush near boundary lines. Even unintentional cutting on a neighbor's land can result in significant liability.

Resolving Boundary Disputes in Illinois

Boundary disputes between neighbors are common and can arise from unclear property lines, encroaching structures, or conflicting surveys. Illinois offers several paths to resolve these disagreements.

Resolution Options

Boundary disputes in Illinois are resolved through circuit court. Illinois courts recognize the doctrines of boundary by acquiescence and agreed boundary. Township fence viewers can also help resolve fence-related boundary issues without litigation.

Quiet Title Actions

Quiet title actions are filed in circuit court under 735 ILCS 5/6-111. The petitioner must name all known claimants and serve notice by publication for unknown parties. Cook County has additional procedures for its Torrens system parcels.

The best way to prevent boundary disputes is to know exactly where your property lines are. Having a clear understanding of your boundaries before issues arise saves time, money, and relationships with neighbors.

Property Easements in Illinois

An easement grants someone the legal right to use a portion of your property for a specific purpose. Understanding the easements that affect your land is essential for knowing your full property rights.

Common Easement Types

Common easements in Illinois include utility easements, agricultural drainage tile easements, railroad corridor easements, and road access easements. Drainage easements are particularly important given the state's flat terrain and extensive agricultural tile drainage systems.

Prescriptive Easements

Prescriptive Easement Period: 20 years in Illinois

A prescriptive easement can be established when someone uses a portion of your property openly and continuously for the statutory period without your permission. Like adverse possession, monitoring your property boundaries regularly can help prevent prescriptive easement claims.

How to Determine Your Property Boundaries

Knowing your exact property lines is the foundation of protecting your rights under Illinois law. Here are the most common ways to determine where your boundaries are:

Check county records — Illinois has 102 counties, many of which provide online GIS or parcel viewer tools where you can look up property boundaries by address.
Review your deed — Your property deed contains a legal description of your land with metes and bounds measurements or lot and block references.
Look for physical markers — Iron pins, concrete monuments, or survey stakes may mark your boundary corners from a previous survey.
Hire a licensed surveyor — The Illinois Department of Financial and Professional Regulation regulates land surveyors in Illinois. A professional survey provides a legally binding boundary determination.
Use ParcelVision AR — See your property lines overlaid on the real world through your iPhone camera for an instant visual understanding of your boundaries.

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Before spending hundreds on a survey, use ParcelVision to see your property lines in augmented reality on your iPhone. Search any address in Illinois and walk your boundaries in minutes.

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Frequently Asked Questions

How long does adverse possession take in Illinois?

Illinois has two adverse possession periods: 20 years for standard claims, or 7 years if the claimant has color of title and has paid property taxes during that time. Both require actual, open, notorious, continuous, hostile, and exclusive possession.

What is a fence viewer in Illinois?

Illinois townships appoint fence viewers who can inspect partition fences and determine each adjoining landowner's responsibility for building and maintaining their share. This process is governed by the Illinois Fence Act and provides an alternative to going to court.

What happens if someone cuts trees on my property in Illinois?

Illinois law provides for treble (triple) damages for willful timber trespass. This means if someone intentionally cuts trees on your property, you can recover three times the value of the timber as compensation.