Illinois Full Release of Payment For Electrical and Communication Easement and Damages
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FAQ
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.
Utility Easement: A utility easement is a type of easement that grants utility companies the right to access and maintain their utility lines (such as electricity, water, or gas) on a property.
In fact, the owner of an easement has the right and obligation to maintain the easement. Moreover, they have a duty to keep in the easement in a safe condition to prevent injury to third persons using the easement.
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.
To establish an easement by prescription, the use in question must occur for 20 years, and be adverse, uninterrupted, exclusive, continuous, and under a claim of right. Pobuda, 2014 IL 116717 at ¶ 28.
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.
