Illinois Consent To Encroachment - Into Easement

State:
Multi-State
Control #:
US-EAS-1
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, a Consent To Encroachment (Into Easement). Used when there exists an encroachment by house (or other) into said Easement, as illustrated by a survey. Easement Owner, admits to being aware of said Encroachment and consents thereto and represents that Easement Owner, will not require the removal of the house (or other type encroachment) and will not require the attached improvements to be removed.
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FAQ

In short, California law dictates that the 3-year statute of limitations governing a permanent encroachment begins when construction on the encroachment is completed.

The boundary is an inherent part of a property's legal description, which is the specific geographic description of a parcel of land that is used to identify it for legal transactions involving it. An ambiguous legal description or boundary can cause title to be unmarketable.

Below are three steps you can pursue when dealing with an encroachment issue. Talk With Your Neighbor. Sell Your Land, Or An Easement On Your Land, To Your Neighbor. Take Your Neighbor To Court.

Examples of a major encroachment would be extending a building over property lines or an overhanging tree branch that could potentially cause serious injury.

Entry to another's property without right or permission. synonyms: intrusion, trespass, usurpation, violation.

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.

Both involve a property owner making extensions over their neighbor's property. While encroachments are the unauthorized use of the neighbor's property, easements are agreed upon by both parties. In many cases, the party responsible for the easement compensates the other neighbor.

An encroachment must remain in place when its removal will seriously harm the defendant's land. (Here, the removal would harm structural foundations.) The plaintiff's sole remedy in such instances is to sue for damages.

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Illinois Consent To Encroachment - Into Easement