Illinois Easement for Utilities

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This Easement for Utilities is from Grantor to Grantee for a permanent utility easement and right-of-way with the right to erect construct, install, lay and use, operate inspect, repair, maintain, replace, and rework water lines, water pipe lines, water facilities, manholes, pump stations or other appurtenances that may be required, over, across and/or under a certain parcel of real property as described in the agreement. This agreement can be used in any state.


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 Utilities is a legal agreement that grants specific access rights to utility companies or public service providers. This easement is established to allow these entities to install, operate, maintain, repair, and remove utility lines and infrastructure on privately owned land in Illinois. The primary purpose of an easement for utilities is to ensure the uninterrupted delivery of essential services, such as water, electricity, gas, telecommunications, wastewater, and other utility services. It gives utility companies the legal right to access private property for the purpose of installing or maintaining their utility facilities. Here are some types of Illinois Easement for Utilities: 1. Permanent Easements: These are long-term easements that grant utility companies continuous and unrestricted access to the land for utility infrastructure installation, operation, and maintenance. Permanent easements usually involve the installation of underground cables, pipes, or other equipment required for utility services. 2. Temporary Easements: Temporary easements allow utility companies to access private property for a specified period, typically during construction, repair, or replacement of utility lines and related infrastructure. This type of easement is time-limited and ends once the designated work is completed. 3. Right of Way Easements: This type of easement provides utility companies with a specific corridor or pathway across the landowner's property. It allows companies to construct, repair, and maintain overhead utility lines, such as power cables, telephone lines, or transmission towers. Right of way easements often involve clearing trees or vegetation to ensure safe clearances for utility lines. 4. Easements by Necessity: Easements by necessity occur when utility companies require access to a property due to lack of alternative routes or to avoid unreasonable costs. These easements are typically established when specific properties are landlocked, making it necessary for utility lines to pass through neighboring properties. 5. Conservation Easements: While not specific to utilities, conservation easements protect natural resources and restrict certain land uses while allowing utility infrastructure installation and maintenance. They are often applied to protect sensitive ecological areas or landmarks while still permitting utility providers to conduct necessary operations. It is important for landowners to carefully review and understand the terms of an easement agreement before granting access to utility companies. Easement documents should specify the purpose, duration, scope, and any potential compensation or rights granted to the landowner.

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FAQ

You might be able to negotiate directly with your neighbor to get an easement. This might include paying your neighbor a fee to allow you to access the land. Be sure, though, to never rely on a verbal or handshake agreement. Instead, sign legal documents to make the easement official.

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.

Parties claiming rights pursuant to an implied easement must demonstrate that: (1) the owner of the property conveyed or transferred one part of that property to another; (2) ?the owner's prior existing use of the property was of a nature that the parties must have intended or believed the use would continue,? in other ...

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.

For example, if the dominant parcel is landlocked and the owner cannot access the main road without driving through an access road that runs through the servient estate, an easement by implication may be created.

Elements. The elements needed to establish an implied easement by necessity are: (1) unity of ownership prior to separation, meaning both estates were once owned as a single unit or tract and (2) necessity for the easement at the time of severance. The traditional view requires strict necessity.

Buyers assume they will be able to use the property. Buyers also assume they can enter and exit the property. But, the rights to enter and exit the property may be separate from the ownership of the property. Ingress is defined as the right to enter the property and egress is defined as the right to exit the property.

An implied easement is one that is not written down. It is created by the circumstances of a particular configuration of land. Generally, for an implied easement to exist, there must be a need for it; if there is no need for an easement, there is no need for a property owner to give rights to access his land to others.

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A. Whenever any public utility makes an application for a grant of an easement in, over, or upon real property of the State of Illinois for purposes of locating ... (A) Easements of not less than ten feet in width shall be provided on each side of all rear lot lines, and alongside lot lines where necessary for storm and ...All utility companies, public and private, which have the right to use the utility easement, must give their written approval and required permits obtained ... Letter from property owner requesting permission to construct within the utility easement, describing the proposed construction; ... The Village of Niles, IL - ... When the declaration is properly made and is comprehensive in details such as access, parking, and utility easements, it will usually run with the land and be ... A. The Owner is the owner of certain property commonly known as [insert address of property], Warrenville, Illinois, County of Du Page, State ... Feb 17, 2022 — With licensed attorneys and offices located in both Illinois ... Click the button & fill out the form so we can better understand how we can help. This easement may be dedicated on the face of a plat or by separate easement document. • Utility or General Utility Easement. This is a public easement that may ... When negotiating for the purchase or reservation of an express ease- ment, the parties should clearly understand the rights and limitations of the easement. EASEMENTS: AN EXAMINTATION OF THE VARIATIONS RECOGNIZED BY ILLINOIS LAW. An easement is a non-possessory right or privilege in another's real estate.

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Illinois Easement for Utilities