Q. Who is responsible for repair of a fence between properties?  The fence to the east of us is falling down and needs repair. It seems like the posts are the problem, which are on our neighbors side. The "nice side" faces our property.

If it is their responsibility or if it is shared, what is the best way to approach the subject with them?

A. This question is often the subject of many law student exams because it can pose many very complex issues that touch on multiple versions of property rights and property obligations between neighboring parcels.  In response to this question, it is absolutely impossible for anyone to say, specifically, who may bear the ultimate responsibility for this fence without a full review of the survey, the deeds, the legal descriptions of the property, and a specific analysis of where the fence is located to compare it to those documents. 

Generally, when there is fence between properties,

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.

Search Articles...

Member Login

Membership Plans

Subscribe to the Chicago Condo Resource to access our Members Only Content.

Subscribe to Newsletter

Seminars & Events

Wed May 04 @ 4:00PM - 06:30PM
47th Ward Property Tax Assistance
Wed May 11 @ 7:00PM - 08:00PM
KSN SEMINAR SERIES: LEASING RESTRICTIONS (PALOS HILLS)
May 2016
S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31

"Ask the Expert"

Can power of attorney allow someone to serve on a condo board in place of an owner?

Q: One of our owners would like her husband to serve on the board, but he is not on the deed.  If she gives him power of attorney, can he serve on the board of our association?

Our condo association has only one board member. Can management of the association get turned over to the state?

Q: Only one of the owners in our building will agree to serve on the board.  What happens if we don’t have enough board members to serve? Does management of the association get turned over to the State?