Illinois Fence Line Agreement

State:
Multi-State
Control #:
US-13395BG
Format:
Word; 
Rich Text
Instant download

Description

An agreed boundary is when property owners approve a new line dividing their properties. The line may not be the true boundary, and it does not have legal force until both parties sign a lot line agreement.

Illinois Fence Line Agreement is a legally binding contract that establishes the rights and responsibilities of adjoining property owners regarding the construction, maintenance, and repairs of a shared boundary fence. It defines the parameters of the fence, the costs associated with its installation and upkeep, as well as the duties and liabilities of both parties. The primary purpose of an Illinois Fence Line Agreement is to prevent disputes and conflicts arising from boundary fence issues. This agreement can be crucial when neighbors have differing preferences or requirements for a fence, or when one party wishes to erect a fence and seeks financial contribution from the other party. By clarifying respective obligations, the agreement ensures fairness and cooperation between the adjoining property owners. There are different types of Illinois Fence Line Agreements, depending on the specific circumstances and requirements of the parties involved. Some common types include: 1. Shared Cost Agreement: This type of agreement outlines how the expenses for constructing, repairing, and maintaining the fence will be shared equally or proportionally between the parties. 2. Boundary Determination Agreement: This agreement is used when the exact location of the boundary line between the adjoining properties is in question. It allows the involved parties to come to a mutual understanding and helps avoid potential conflicts in the future. 3. Fence Style Agreement: In this type of agreement, the parties agree upon the specific style, height, material, and design of the fence. It ensures that both parties are satisfied with the aesthetic aspects of the fence and prevents disputes related to its appearance. 4. Encroachment Agreement: This agreement addresses situations where a fence has been mistakenly erected on one party's property. It determines the necessary measures to rectify the encroachment and outlines any financial arrangements or compensation required. 5. Maintenance and Repair Agreement: This type of agreement focuses solely on the ongoing upkeep of the fence, including periodic inspections, repairs, and replacement responsibilities. It helps avoid conflicts arising from neglect or lack of maintenance. It is important for parties entering into an Illinois Fence Line Agreement to consult legal professionals to ensure its legality, enforceability, and compliance with local laws and regulations. By understanding the different types of agreements available, property owners can negotiate terms that meet their unique needs and establish a mutually beneficial arrangement for fence-related matters.

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FAQ

Fences and Fence Law Illinois Fence Law specifies that adjoining neighbors (in counties under 1,000,000 in population, to exempt Cook County) are responsible for their share of any boundary fence installation and maintenance.

Illinois state law and local ordinances place the responsibility for maintenance of a boundary fence separating two properties on the owners that use the fence. Consequently, when a fence needs repair, both property owners must share the cost.

Fences four and one-half feet high, and in good repair, consisting of rails, timber boards, stone, hedges, barb wire, woven wire or whatever the fence viewers of the town or precinct where the same shall lie shall consider equivalent thereto suitable and sufficient to prevent cattle, horses, sheep, hogs and other stock

The exact amount a building needs to be set back from the property line will vary from one location to another. However, the required setback on the side is typically between 5 10 feet, while the front and back require around 10 20 feet at a minimum.

How Close To The Property Line Can I Build? Fences are typically built between 2 and 8 inches from the line between properties. Some areas will allow the building of fences directly on the property line, but in this case, you'll have to cooperate with your neighbor and potentially share the cost of the fence.

Fences and Local Ordinances In addition to the State of Illinois, your right to have a fence and its general appearance are impacted by county and city laws, utility and wildlife easements, and any applicable homeowner association rules. Plus, you likely will need a building permit to construct or replace a fence.

Do I need a building permit in order to erect a fence? No, a building permit is not required to erect a fence.

More info

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Illinois Fence Line Agreement