Wednesday, November 11, 2015
Benny Kass of the Chicago Tribune offers the standard advice:
There are several things you can do when your neighbor is trespassing on your property.
You can seek a permanent injunction so that he cannot go onto your property. If granted, should your neighbor continue to trespass on your land, he would be in contempt of court and a judge could either fine him or put him in jail (or both) until he complies with the permanent injunction order.
You can also sue him for damages for trespassing on your property. The permanent injunction allows you to get a court order prohibiting him from violating your land. The lawsuit I am recommending is to get money damages for the loss of your property.
You need a good real estate attorney to assist you. Will you be awarded attorney fees should you win? That's a tough question because our courts follow what is known as the American Rule on legal fees. Unless there is a statute or provision in a contract whereby the prevailing party would be awarded legal fees, each side pays his own attorney.