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ASK THE REAL ESTATE LAWYER

August 25, 2009
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Dailypress.com: Q: I purchased a property around 10 years ago in Chicago. A neighbor has a bay window that encroaches onto our property by 6 inches. There is a cross easement between the two properties to allow access to the rear. Can we have the owners remove the window if it was built within a certain period of time (less than 20 years ago)? If the owner wants to make improvements to the bay (e.g., put new siding on it), is there anything we can do at that time to remove the encroachment?

Glink, Ilyce - Real Estate Matters

Dailypress.com: Q: I purchased a property around 10 years ago in Chicago. A neighbor has a bay window that encroaches onto our property by 6 inches. There is a cross easement between the two properties to allow access to the rear.

Can we have the owners remove the window if it was built within a certain period of time (less than 20 years ago)? If the owner wants to make improvements to the bay (e.g., put new siding on it), is there anything we can do at that time to remove the encroachment?

A: Is there a specific reason you would want your neighbor's bay window removed? You have lived with it that way for 10 years and it has been there for almost 20 years. Did you or your former owners know that the neighbor was building the home with the bay window that encroached and did not object?

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