Illinois Right of Way and Easement for Additional Pipeline

State:
Multi-State
Control #:
US-EAS-2
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, a Right of Way and Easement. Allows the construction of an additional pipeline on, over and across previously granted right of way and easement.
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.
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FAQ

An easement gives people or organizations the right to access and use your property in specific situations for a limited purpose. A right of way is a type of easement that establishes the freedom to use a pathway or road on another's property without conferring ownership.

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. Understanding Easements | Niles, IL - Official Website vniles.com ? Understanding-Easements vniles.com ? Understanding-Easements

A presumed easement, or an easement by prescription, can be created based on physical use of property over time. A party claiming a prescriptive easement must provide evidence possession that is open, uninterrupted, continuous, exclusive, and adverse for a period of 20 years.

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. Illinois Easement Dispute Attorneys - Hirzel Law hirzellaw.com ? illinois-easement-attorneys hirzellaw.com ? illinois-easement-attorneys

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. EASEMENTS: AN EXAMINTATION OF THE VARIATIONS RECOGNIZED ... szocka.com ? easements-an-examintation-of-the-v... szocka.com ? easements-an-examintation-of-the-v...

Illinois adverse possession laws require claimants to occupy a given property for at least 20 years and either "color or title" or payment of property taxes for seven of those years.

What is a Pipeline Easement? Generally, an easement is a legal interest that allows someone the right to use another's property for a certain purpose. A pipeline easement specifically gives the easement holder the right to build and maintain a pipeline on a landowner's property. Landowner Resources for Pipeline Easements and Rights-of ... Chester County Planning Commission ? pic ? pdf ? L... Chester County Planning Commission ? pic ? pdf ? L... PDF

Termination of Easements Termination occurs by release when all the dominant owners agree to abandon the easement. City of Chicago v Hogberg, 217 Ill 180, 75 NE 542 (1905). To terminate an easement by abandonment, the party must first prove that the dominant estate owner intended to abandon use of the easement.

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Illinois Right of Way and Easement for Additional Pipeline