How an Illinois Real Estate Attorney Can Help You Deal with Squatters on Your Property

Owning property is a significant investment that comes with its own set of challenges. One of the most distressing situations a property owner can face is discovering that squatters have taken up residence. Squatters not only infringe on your property rights but can also cause damage and devalue your investment. Dealing with them can be a complex legal process, especially in Illinois, where specific laws protect both property owners and occupants under certain conditions. This is where an Illinois real estate attorney becomes an invaluable ally.

Understanding Squatters and Their Rights in Illinois

In Illinois, squatters are individuals who occupy a property without the owner’s permission. While it may seem straightforward to remove someone unlawfully occupying your property, the legal reality is often more complicated due to laws surrounding adverse possession and tenant rights.

Adverse Possession: Illinois law allows a squatter to claim ownership of property under adverse possession if they have occupied it openly, continuously, and exclusively for 20 years. This period can be reduced to 7 years if the squatter has color of title and has been paying property taxes.

Tenant Rights: Sometimes, squatters might claim tenant rights, especially if they can prove they had an agreement with the previous owner or even with a fraudulent landlord.

The Role of an Illinois Real Estate Attorney

Navigating the legal maze of squatter removal requires expertise in property law. Here’s how an experienced real estate attorney can assist:

1. Legal Consultation and Strategy Development

An attorney will review the specifics of your situation to determine the most effective legal strategy. They will assess:

• The nature of the squatter’s occupancy.

• Any claims the squatter might have to the property.

• The appropriate legal actions to take based on Illinois law.

2. Initiating the Eviction Process

If the squatter is considered a tenant under the law, you must follow the formal eviction process:

• Notice to Quit: Your attorney will draft and serve the necessary notices, such as a 5-day or 10-day notice, depending on the circumstances.

• Filing an Eviction Lawsuit: If the squatter does not leave voluntarily, your attorney will file a forcible entry and detainer action in court.

• Court Representation: They will represent you in court hearings, presenting evidence and arguing your case effectively.

3. Handling Adverse Possession Claims

If a squatter is attempting to claim ownership through adverse possession, an attorney can:

• Challenge the Claim: Provide evidence that disrupts the squatter’s assertion of continuous and exclusive possession.

• File a Quiet Title Action: This legal action can help clear any claims or disputes over the property’s title.

4. Ensuring Compliance with Illinois Law

Improper handling of squatters can result in legal repercussions for the property owner, including allegations of harassment or illegal eviction. An attorney ensures that all actions taken are within legal boundaries, protecting you from potential lawsuits.

5. Coordinating with Law Enforcement

Once a court order is obtained, your attorney can coordinate with local law enforcement to safely and legally remove the squatters from your property.

Benefits of Hiring a Real Estate Attorney

• Expertise: Attorneys specialized in Illinois real estate law are well-versed in the nuances that can make or break a case.

• Efficiency: They can expedite the removal process by avoiding common legal pitfalls.

• Peace of Mind: Knowing a professional is handling the situation allows you to focus on other priorities.

Preventative Measures for the Future

An attorney can also advise on measures to prevent future squatting incidents:

• Regular Property Checks: Frequent inspections can deter squatters.

• Secure the Property: Installing proper locks, fencing, and security systems.

• Post No Trespassing Signs: Clear signage can serve as a legal warning.

Conclusion

Dealing with squatters is a complex and often frustrating process that requires a thorough understanding of Illinois property laws. An experienced Illinois real estate attorney provides the legal expertise necessary to navigate this challenge effectively. They not only help in removing the squatters legally but also safeguard you from potential legal liabilities.

If you’re facing issues with squatters on your property, don’t hesitate to consult with a qualified real estate attorney to protect your rights and investment.


Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For legal assistance, please consult a licensed attorney.

5 Common Real Estate Scams & How to Protect Yourself.

In the already challenging environment of the real estate market, consumers seeking to purchase, lease, or refinance a home mortgage are confronted with an additional layer of complexity – the risk of fraudulent activity. Regrettably, criminal methodologies targeting individuals in the real estate sector have grown increasingly sophisticated. A concerning illustration of the extent of this problem is the nearly $400 million in losses reported by victims of real estate fraud in 2022, as indicated by the Federal Bureau of Investigation’s Internet Crime Complaint Center. Consequently, it is essential to remain vigilant by familiarizing oneself with the five prevalent real estate and mortgage scams outlined below, as well as the strategies for avoiding falling prey to these deceptive practices.

Here is an article on the Bankrate website that explains these 5 real estate scams.
5 Common Real Estate Scams | Bankrate

Partner with a Real Estate Attorney for Investing in Chicago.

For anyone investing in real estate in Chicago, it’s important to have a good understanding of Illinois real estate laws, regulations, and requirements. To make sure that your transactions comply with local laws and to navigate the complex legal landscape of real estate investing, it’s highly advisable to seek the help of an experienced Illinois Real Estate Attorney.

Real estate attorneys have specialized knowledge that can provide investors with many advantages when acquiring or selling property. For example, they will review all pertinent documents associated with a transaction such as purchase agreements, mortgage documents, title insurance policies, loan documents, and more to make sure everything is in order. They will also advise you on any potential liability issues related to the property such as zoning restrictions or environmental hazards that could affect your investment.

A real estate attorney can offer guidance not only on legal matters but also on financing, leases, tax laws, and other crucial aspects of investing. They can also assist in protecting your interests during negotiations and ensure all parties involved comply with the terms of any agreement.

To comply with local laws and regulations and maximize profits, Chicago real estate investors should consider hiring an experienced Illinois Real Estate Attorney. Their specialized knowledge can help you make informed decisions and minimize risks throughout your investment journey.

By enlisting the assistance of an Illinois Real Estate Attorney, Chicago Real Estate investors can gain the confidence and peace of mind that comes with knowing that all aspects of their transaction are being taken care of properly.

Importance of using an Illinois Real Estate Lawyer

Whether you’re buying or selling a property, an Illinois real estate attorney can help to protect your interests and safeguard you from potential financial loss. The legal complexities involved in real estate transactions can be confusing for laypeople, from those purchasing residential property to businesses purchasing commercial locations. Real estate lawyers can provide advice and assistance throughout the process, ensuring everything is conducted legally and smoothly.

In Illinois, real estate attorneys are licensed to practice law by the Illinois Supreme Court. They must adhere to the highest standards of ethical conduct and professional responsibility. Real estate lawyers have experience with a wide range of legal issues related to real estate, including purchase contracts, mortgages, title searches, zoning regulations, and more. Suppose you’re thinking about buying or selling property in Illinois. In that case, it’s in your best interest to consult with an Illinois real estate lawyer to ensure that everything is done correctly and efficiently.

An Illinois real estate lawyer can provide a number of services, including:

– Reviewing and negotiating purchase contracts

– Conducting title searches

– Examining real estate documents for accuracy

– Advising on mortgage terms and financing options

– Assisting with closings and ensuring that all legal requirements are met

– Handling disputes between buyers and sellers

Choosing the right Illinois real estate lawyer is an important decision. You’ll want to find someone who is experienced, knowledgeable, and who you feel comfortable working with. Be sure to ask for referrals from friends, family, or other professionals in the real estate industry once you’ve narrowed down your choices, schedule consultations with each lawyer to get a better sense of their qualifications and personality. With the help of an Illinois real estate lawyer, you can confidently move forward with your real estate transaction, knowing that your interests are being protected.

Illinois Real Estate License Act (RELA) signed into law

Gov. J.B. Pritzker signed the Illinios Real Estate License Act (RELA) into law, a move that strengthens rules for training and professionalism and enhances consumer protections.  

Public Act 101-0357 was signed on August 9, 2019. It is a rewrite of the Illinois Real Estate License Act, which by statute must be revised every decade to reflect industry changes.