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Unity of Ownership or Merger. A valid release. Abandonment. Termination by estoppel. Termination by prescription. End of necessity.
An expressly granted easement can be created by deed or by a will (so must be in writing) and, in respect of registered land, completed by registration.
This deed of easement grants a right of way over the grantor's land in return for a payment made by the grantee to the grantor. It contains optional clauses for a lender to give consent to the grant of the easement.
Getting a deed of easement involves a legal process. You should talk to a legal professional, discuss your needs, and let them create a deed that outlines the rights. Make sure all parties agree, sign the document, and if needed, register it with the Land Registry.
Typically, losing a right of way happens in one of three ways: The parties involved expressly agree to extinguish the right by entering into a formal deed of release. The person with the benefit of the right demonstrates by their actions that they intend to abandon it.
Examples of a major encroachment would be extending a building over property lines or an overhanging tree branch that could potentially cause serious injury.
Easements cannot be terminated by a tax foreclosure of the servient estate.
Illinois law recognizes an easement by necessity as one of the two types of an implied easement (along with an easement arising from a pre-existing use). An easement by necessity is created when a landowner is landlocked and needs access for ingress and egress over another's property.