An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
Illinois Easement for Access to Property refers to a legal right granted to a person or entity to access another person's property for a specific purpose. This easement ensures that the holder of the easement has the right to enter the property and use a portion of it as necessary. There are several types of Illinois easements for access to property, including: 1. Easement by Necessity: This type of easement is typically granted when a property is landlocked or lacks access to a public road. It allows the owner of the landlocked property to pass through another person's property to gain access. 2. Easement by Prescription: This easement is acquired through continuous and uninterrupted use of another person's property for a specific period. If someone openly and without permission uses another person's land for a statutory period of 20 years, they may acquire an easement by prescription. 3. Easement by Grant: This type of easement is created through an express agreement between the property owner (granter) and the person benefiting from the easement (grantee). The terms and conditions of the easement, such as the specific area of the property to be accessed and the purpose for which it can be used, are negotiated and documented. 4. Easement by Estoppel: This easement arises when a property owner allows another person to use their property based on an understanding or representation that the use will continue. If the owner later tries to prevent the use, they may bee stopped from doing so because the person using the property relied on their representation. Illinois recognizes and protects these easements, ensuring that the rights of both the property owner and the easement holder are respected. An easement for access to property is a valuable legal tool that allows necessary access to a property while safeguarding the interests of both parties involved.
