Ask a Lawyer - Archive

Can my land be claimed by adverse possession? A recent survey proves that the City of Charleston, IL, built a sidewalk on my property. The sidewalk, built close by a fence, has now caused a hazard to children riding bicycles,etc. My fence has been there 30 years; the sidewalk less than ten years. The City now claims adverse possession.

An owner may lose title to his property (or a portion of it) due to the adverse possession of another person. Property may also be acquired in this manner. To establish title under adverse possession, the person claiming title to the property must show the concurrent existence of the five elements of adverse possession for the statutorily required twenty years:

1. Continuous;
2. Hostile or adverse;
3. (3) actual;
4. Open, notorious, and exclusive possession of the premises; and
5. Under claim of title inconsistent with the true owner.

Title to property can also be claimed by adverse possession if it is determined that a person under claim or color of title, made in good faith, possesses a piece of property continually for seven years and during that time pays the taxes assessed on the property. [735 ILCS 5/13-109]

In this case, it would appear that the City of Charleston can not prove its acquisition of title by adverse possession because the statutory required amount of time, twenty years, has not passed. We would suggest that you contact our firm or another firm with expertise in real estate or property law to review your survey and assist you in protecting your property rights.