PROPERTY LINE  QUESTIONS

How do I determine where my property line is?

The most reliable method is to have the property surveyed by an Illinois-licensed professional land surveyor. Existing survey monuments or pins may also help identify boundaries when they can be reliably located.

County GIS parcel maps, aerial photography, and online mapping applications are useful for general reference, but they should not be relied upon to determine the precise location of a property boundary. GIS parcel boundaries are approximate and are not a substitute for a legal survey.

Can the Carroll County GIS or Zoning Department locate my property line?

No. County staff do not survey private property or determine the precise location of property boundaries.

If the exact location of a boundary is important—for example, before constructing a fence, building, driveway, or other improvement—a professional land surveyor should be consulted.

Who should I contact if there is a disagreement?

The appropriate contact depends upon the issue:

  • Location of a property line: Illinois-licensed professional land surveyor.
  • County zoning or setback requirements: Carroll County Zoning Department.
  • Fence Act/division fence questions: Appropriate township officials/fence viewers or legal counsel.
  • Private boundary, ownership, encroachment, or damage dispute: Private attorney.
  • Property inside a municipality: Appropriate city or village zoning/building official.

Important Disclaimer

This information is provided by Carroll County for general informational purposes only and should not be considered legal or surveying advice. Carroll County does not establish private property boundaries, determine ownership of fences, interpret private deeds or covenants, or resolve disputes between adjoining property owners.

Property owners are responsible for determining their legal property boundaries and complying with applicable County ordinances, state law, easements, deed restrictions, subdivision covenants, and other requirements. When a property boundary is uncertain, a licensed professional land surveyor should be consulted. When a legal dispute exists, property owners should consult a qualified attorney.

 

FENCING QUESTIONS


Carroll County does not currently require a permit for fencing projects.  The county advises members of the public to talk their your local township in regards to the IL Fence Law. For more information on the IL State Law as it relates to fences please visit https://statelaws.findlaw.com/illinois-law/property-line-and-fence-laws-in-illinois.html

IL FENCE ACT 765 ILCS 130

The IL FENCE LAW may be different than you thought? Article on why the IL Fence Law isn't exactly as it reads.

WALLIS CASE, Appellate Court of Illinois, Fourth District. 1995. Court rules no split payment for portion of a fence when there is no benefit received by the owner/property, affirming the decision of the trial court not to impose the costs of a new fence on a parcel owner where the fence would be of no value to that owner and observing that the state's partition fence statute stated landowners were responsible for “a just proportion” of a fence dividing their properties, that “[t]he nature of this phrase indicates its intended flexibility so as to be able to consider the circumstances in each individual case,” and that the legislature had not altered the statutory language in many years.

Can I put a fence on my property line?

Generally, fences may be located along a property boundary. Carroll County's zoning regulations generally allow fences, walls, and hedges within required yards or along the edge of a yard, provided other ordinance and subdivision covenants requirements are satisfied.

Before installing a fence directly on or very near a property line, the property owner should be confident of the boundary line location. A survey is recommended whenever the boundary is uncertain.

Does the County decide who owns a fence?

Generally, no. Questions involving ownership of an existing fence, agreements between adjoining owners, encroachments, damages, or disagreements concerning a property boundary are typically private civil matters rather than County zoning matters.

What is a "fence viewer"?

Illinois law provides for fence viewers to address certain disputes governed by the Illinois Fence Act. In counties under township organization, township trustees serve as fence viewers within their respective townships.

Among other duties, fence viewers may address disputes concerning the proportion of a qualifying division fence that adjoining owners are responsible for constructing or maintaining.