Can You Sue a Neighbor for Encroachment in Illinois?

 Posted on February 28, 2026 in Civil Litigation

Neighbors frequently get frustrated with each other over issues like roaming pets and untrimmed trees that leave a mess in each other’s yards. But sometimes, neighbors move beyond annoying behaviors and into direct and illegal use of someone else’s property. When this happens on your property, it can be frustrating and difficult to get your neighbor to change their ways. This behavior – called "encroachment" – can limit how you use your land and may create problems if you try to sell your home.

In 2026, Illinois law allows property owners to take legal action to stop encroachment and other property disputes to protect their rights. Our Winnebago County, IL property dispute lawyers help homeowners understand their options and resolve boundary conflicts.

What Is Considered Encroachment in Illinois?

Encroachment happens when a neighbor builds or places something that crosses onto your property. This often happens because of survey errors, unclear boundary lines, or misunderstandings between neighbors.

Common examples of encroachment include:

• A fence built past the property boundary
• A driveway that extends onto your land
• A shed, garage, or home addition over the line
• A retaining wall placed on your property

Even small encroachments can affect your legal rights. Property ownership gives you the right to control and use your land without interference.

Can You Take Legal Action Against a Neighbor for Encroachment?

Illinois law allows property owners to file a lawsuit to protect their land. Under 735 ILCS 5/13-101, you have 20 years to take legal action to recover possession of your property or stop someone from using it without permission.

A court may order your neighbor to remove the structure or stop using your property. In some situations, the court may also award financial compensation if the encroachment caused harm. The outcome depends on the facts of the case and the evidence presented.

A judge can issue an injunction, which is a court order requiring your neighbor to fix the problem. This may include removing a fence, structure, or other object that crosses the property line. Courts often grant injunctions when the encroachment interferes with your ability to use your land. Judges may need to review surveys, property records, and other evidence before making a decision.

What Is Adverse Possession in Illinois?

Adverse possession is a legal rule that allows someone to claim ownership of land if they use it openly and continuously for a long period of time. This period is at least 20 years in Illinois.

If a neighbor uses part of your land without permission for many years, they may try to claim ownership of that portion. Addressing encroachment quickly helps prevent this type of claim.

Can Encroachment Affect Your Property Value or Future Sale?

Encroachment can create problems when selling your property. Buyers, lenders, and title companies often review property boundaries before completing a transaction.

If an encroachment exists, it may delay the sale or require resolution before closing. Some buyers may hesitate to purchase property with unresolved boundary disputes. Lenders may also require clear property ownership before approving financing. Resolving encroachment helps protect your ability to sell your home and avoid future complications.

What Should You Do if You Discover an Encroachment on Your Property?

If you believe your neighbor has built on your property, it is important to gather information and protect your rights.

You should consider taking the following steps:

• Review your property survey and legal description.
• Take photos showing where the encroachment exists.
• Avoid removing anything without legal guidance.
• Speak with a property dispute lawyer to understand your options.

These steps can help you prepare for possible legal action.

How Are Property Disputes Handled in Winnebago County, IL?

Property disputes in Winnebago County are handled in civil court. Judges review surveys, property records, and other evidence to determine property boundaries and ownership.

Some disputes are resolved through negotiation between neighbors. Others require court action to protect property rights. Legal guidance can help you understand the best way to resolve the dispute.

Contact Our Chicago, IL Property Dispute Attorneys Today

Property encroachment disputes can be frustrating and stressful, especially when they involve your home. Our attorneys help homeowners protect their land and resolve boundary conflicts. We focus on preparation and strong legal strategy rather than courtroom drama. Our seasoned litigators are prepared to present a well-thought-out case on your behalf and work toward a practical resolution.

If your neighbor has built on your property, contact our Winnebago County, IL property dispute lawyers at SpyratosDavis LLC by calling 630-810-8881. Legal action may help you protect your property rights and resolve the dispute.