Metrocenter Mall site to make way for the Metropolitan
Metrocenter Mall has been demolished to make way for the Metropolitan, an urban village focused on housing, retail and restaurants.
Provided by Concord Wilshire
Question: We have lived in our Peoria home seven years. There has never been a fence or even rocks to mark the boundary line for our backyard. When we moved into this home our neighbor’s swing set was at least partially located in our backyard. Our seller said that the swing set was installed by the neighbor for his children to use, but his children are now in high school, and they rarely use it. We want to sell our home, but our real estate agent says we will have to disclose to any buyer that the neighbor may have a claim of adverse possession for the land under the swing set. Is that correct?
Answer: Your neighbor may have a claim to continue to use the swing set. My suggestion now is that, before you list the home with your real estate agent, you ask your neighbor to release any claim for adverse possession of the land under the swing set. You don’t even need a survey, just the recording from your neighbor of a simple quitclaim deed with the legal description for your entire lot, as your neighbor presumably has no other claim to your lot. The title company used for the sale of your home should be able to assist you.
Have a question about real estate law? Email Christopher Combs at info@combslawgroup.com.
