Illinois Agreement between Adjoining Owners Creating Easement for Common Driveway
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FAQ
Easements By Necessity ? To establish an easement by necessity, a claimant need only prove that the existence of the necessity. The necessity in and of itself is evidence of the intention of the parties to create an easement rather than to render the conveyed property unfit for use or occupancy.
Easements by implication occur when a property is divided and the facts and circumstance indicate a prior use that is reasonably necessary. An easement by necessity is similar to an implied easement; however, it doesn't require a prior use, but the easement must be an absolute necessity.
Shared driveways in New York are governed by statutory law, case/decisional law and local municipal zoning requirements. Section 335-a of the New York Real Property Law provides an easement of necessity for landlocked parcels without public access.
Giving a landowner right-of-way over an adjoining parcel of land in order to access a public road is the most common example of an easement by necessity. Imagine a piece of farmland that has been divided in two. The first parcel lies along a county road and has a driveway leading up to a home.
The servient easement is generally not permitted to interfere with an affirmative easement right. However, having an easement right over another's land is not the same as ownership, and there are a variety of ways the easement can be terminated and lost forever.
An easement by necessity is created when a landowner is landlocked and needs access for ingress and egress over another's property. If the landowner has no other means to access his property, a court will create an easement by necessity for ingress and egress.
Easements of not less than 15 feet in width shall be provided in front of all lots for sanitary sewer, water and other utilities.
Illinois recognizes express, implied, and presumed easements. An express easement is formed by an agreement between the owners of the dominant estate and servient estate.