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
State:
Multi-State
Control #:
US-00495
Format:
Word;
Rich Text
Instant download
Description
This form is an Easement or Right-of-Way for Access to Property. The form provides that an easement is granted for the ingress and egress to, from, upon, and over the property described in the agreement. The form also provides that the grantee may construct a permanent street or road on the property.
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FAQ
Appurtenant or in gross In the US, an easement appurtenant is one that benefits the dominant estate and "runs with the land" and so generally transfers automatically when the dominant estate is transferred.
Illinois adverse possession laws require claimants to occupy a given property for at least 20 years and either "color or title" or payment of property taxes for seven of those years.
A presumed easement, or an easement by prescription, can be created based on physical use of property over time. A party claiming a prescriptive easement must provide evidence possession that is open, uninterrupted, continuous, exclusive, and adverse for a period of 20 years.
You'll want to check if you're the easement user, known as the dominant property, or if you're the property owner who must allow your neighbor to use your property, known as the servient property. The servient property owner cannot block the use of the easement.
Easements often transfer That means if the property is purchased or sold, the easement subsists. An easement in gross, on the other hand, is generally tied to a specific party or individual ? not the land.
A private easement is an agreement between two property owners giving the owner of one property the right to use another's property for a specific purpose. For example, such an easement might be drawn up if a neighbor needs to run pipe under your property to get to their house. These may be freely granted or sold.
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
Putting a fence or wall inside an easement is strongly discouraged. Any utility that has right to that easement has the authority to remove or destroy any fence, shed or other obstacle within that easement if it interferes with access to their utility.
