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Old 09-04-2017, 09:53 PM
 
1 posts, read 943 times
Reputation: 10

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Good evening!

I'm reaching out in hopes that maybe someone can offer up some advice or point us in a good direction (besides a real estate lawyer, I'm going to be calling one tomorrow )

Anyway, we recently purchased a house and bore 3' holes into the ground to concrete our 6' wooden posts to attach our 4' picketed cedar fence.

This caused a complete uproar by one village member and she complained to a town board member, we were investigated, and told that we could only put up a "temporary" fence. We purchased 6' green U shaped stakes that are 15' off the sidewalk and 10' off the road per the ordinance that we were finally given. Well, the updated version as of 1995.

Per our land survey that I found during a Google search, it shows that the road should be at a 90 degree angle. At this current moment, it's curved and we believe there is at least 15 sq ft of township road on our property.

Now, if the previous owner did not SELL the land to the town, what are our options?

I can answer any additional questions or clarify if need be, thank you!
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Old 09-05-2017, 08:35 AM
 
Location: IL
1,874 posts, read 817,950 times
Reputation: 1133
have hillary's people go talk to this woman
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Old 09-05-2017, 09:10 AM
 
28,455 posts, read 85,361,596 times
Reputation: 18728
Whenever a road is built there are extensive drawings done to cover any potential issues that come up later -- the road building firm will follow a path specified by the surveyors, the engineers will verify that any curves or grade changes follow safety standards, the easements are verified and complete records should be filed.

The "corridor" that contains the road easement likely is NOT the same as the road itself, for that you would need "as built" drawing that are generally used by the various utilities to locate sewers, water, electric, gas, telecommunication lines that typically are also in the easements...

In some counties there is a competent person whose job it is to "pre-screen" requests and match up the necessary documents for verification, ideally such a person could show you the proper plats to ensure that you are in compliance for no fee. It is also pretty common for there to be a permitting process that involves filing current plat / physical survey that would lay out where you are allowed to construct a fence -- once in awhile that sort of filing does reveal that someone (usually a neighbor, but more rarely a municipal or utility) has located something onto your property that extends past the easement. The remedy for that is generally to hire a lawyer who will work to either amend the plat or go to court with a "boundary dispute" that will clear up any problems with your title. It is very rare that courts make the municipality pay anything to the homeowner unless there is a clear impairment to the value of your property... Boundary Disputes - FindLaw
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Old 09-05-2017, 02:17 PM
 
1,225 posts, read 1,232,871 times
Reputation: 3429
Quote:
Originally Posted by NewHomeOwnerx4 View Post
Good evening!

I'm reaching out in hopes that maybe someone can offer up some advice or point us in a good direction (besides a real estate lawyer, I'm going to be calling one tomorrow )

Anyway, we recently purchased a house and bore 3' holes into the ground to concrete our 6' wooden posts to attach our 4' picketed cedar fence.

This caused a complete uproar by one village member and she complained to a town board member, we were investigated, and told that we could only put up a "temporary" fence. We purchased 6' green U shaped stakes that are 15' off the sidewalk and 10' off the road per the ordinance that we were finally given. Well, the updated version as of 1995.

Per our land survey that I found during a Google search, it shows that the road should be at a 90 degree angle. At this current moment, it's curved and we believe there is at least 15 sq ft of township road on our property.

Now, if the previous owner did not SELL the land to the town, what are our options?

I can answer any additional questions or clarify if need be, thank you!
Did you obtain a plat drawing when you purchased the house/land? If so, what did that show you? The survey that you found on line may not be the most recent.

Also, what does this have to do with the fence?

It seems like you are confusing two separate issues here, and confusing ownership of a lot/house with the right to do whatever you want.
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