Separating known boundary issues from assumptions about a fence
Clarify property boundaries in Illinois sales by separating known land surveys from casual assumptions, ensuring accurate disclosures and peace of mind.
The short answer
In Illinois, property boundaries are defined by legal descriptions and surveys, not by the placement of physical barriers like fences. If you have knowledge of a boundary dispute or encroachment, you must disclose it. Assumptions that a fence line equals the property boundary can lead to misrepresentation; always rely on verified survey records.
Defining Boundaries vs. Physical Barriers
A fence is often an assumption of where the boundary lies, but it rarely serves as a legal boundary. Many fences are installed for convenience or decorative purposes rather than precise land division.
Worksheet: Look for your original property survey provided at purchase. Compare the markers shown on the survey to the location of existing fencing on your property.
Identifying Material Boundary Issues
A material defect in this context involves a known encroachment or a formal boundary dispute with a neighbor. If you have documentation of a survey conflict, you are legally required to disclose this to the buyer.
Planning Example: If a neighbor previously informed you that your shed crosses their property line, you have 'actual knowledge' of an encroachment. This should be disclosed, even if no formal legal action has been taken.
The Responsibility for Disclosure
You are not required to order a new survey to satisfy the disclosure law. You are only responsible for disclosing what you know. If you are uncertain about the location of your boundaries, do not guess on the form.
Planning Example: Use language such as 'the fence line is not guaranteed to follow the property survey' to clarify to the buyer that you are not making a representation regarding the exact boundary line.
Legal Considerations in Property Transfers
Misrepresentation regarding boundaries can lead to legal liability. By providing only what you know to be true—and being clear about what you do not know—you minimize the risk of future claims against you.
Planning Example: If you are unaware of the exact boundary, tell the buyer that you recommend they obtain a current survey as part of their due diligence before closing.
Checklist
- Review your property deed and any existing survey documents.
- Check for any past communications with neighbors regarding fence locations.
- Verify if any encroachments are recorded on your title insurance policy.
- Be transparent in the disclosure about the limit of your knowledge.
- Advise the buyer to conduct their own survey for confirmation.
Common questions
If I assume the fence is correct, can I list it as the boundary?
No. Describing a fence as the boundary when you have no evidence is an assumption that could be considered a misrepresentation. It is safer to disclose the status of the fence clearly as an improvement rather than a boundary marker.
What if the survey is very old?
An old survey is still a record of what was known at that time. While it may not reflect current conditions, it is better to provide the old survey to the buyer than to rely on memory or assumptions.
Sources
- Illinois Residential Real Property Disclosure ActChecked October 12, 2026
- Illinois Condominium Property Act — 2025 editionChecked October 12, 2026
- IEMA-OHS — Real estate radon guidanceChecked October 12, 2026
- EPA — Real estate lead-hazard disclosuresChecked October 12, 2026
This guide is general educational content from SQFT IO, prepared with AI assistance. It is not legal, tax or loan advice. Talk with a licensed attorney, tax professional or lender about your situation. SQFT IO Illinois license 478.027617.