Illinois General Form of Easement Agreement

State:
Multi-State
Control #:
US-00982BG
Format:
Word; 
Rich Text
Instant download

Description

An easement is a right in the land of another. The right is often described as the right to use the land of another for a special purpose. 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. An easement is a real property interest, but separate from the legal title of the owner of the underlying land. This form is a generic example that may be referred to when preparing such a form for your particular state.

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FAQ

Easements of not less than 15 feet in width shall be provided in front of all lots for sanitary sewer, water and other utilities.

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.

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.

The duty to care for an easement belongs to the owner of the dominant estate.

An easement allows another person the right to use your land for a specific purpose. The most usual easements are those granted to public utility or telephone companies to run lines on or under your private property and to neighboring houses to use a common driveway to give access to their home.

In most instances, the responsibility falls on the person who has the easement right. A landowner that has an easement over the property of another landowner is the holder of the dominant estate.

An easement is recorded just like any other property interest in Illinois. This means that an easement deed should be signed and acknowledged by the grantor.

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Illinois General Form of Easement Agreement