Do I have any Legal Recourse?

About six years ago I purchased a small farm in Rural Illinois,so I could raise my two disabled boys in a quiet Country setting. About a year ago a local man bought the property adjacent to mine. He has since built a Stock Car Race Track on his property. The noise is unbearable, cars are parked right on the edge of my front yard. It's like having a carnival set up next to my home every Sunday. With Racing going on as late as 1130PM. My question is, is there any legal action I can take to reclaim my home?
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Answers (1)

Arieh Mordechai Flemenbaum

Arieh Mordechai Flemenbaum

Contributor Level 5
Based on your information, it sounds like there may have been an illegal change in use of the property and/or an unlicensed business operating on your neighbors land. So. your best bet for relief will be to involve your local or county zoning/building code enforcement department. You may also turn to your local or county department that handles business licenses to enforce their rules.

In general, such a drastic change in use of the land would need special permits-which would involve a public hearing & perhaps require a petition or consent of the surrounding neighbors. You search the zoning code for your municipality or county ordinances if you live in an unincorporated township. The code will tell you what rights your neighbor has and what restrictions apply to the use of his land.

If the local authorities do not take action, then you may have to go to court. Finally, while not a total solution, you also have rights under the Illinois Fence Act to put up a fence and have your neighbor pay part of the cost and maintenance.

This post is for informational purposes only and isnot intended to be legal advice. You should consult a real estate lawyer specializing in land use issues to help you.
Good luck to you.
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