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.
In the case of a driveway easement, it allows the person who is the beneficiary of the easement to cross the "servient" property. The land which receives the benefit of the easement is called the "dominant" property or estate. As an example, a driveway easement may be created by recording a deed that states that one neighbor owns the driveway to the halfway point, but has an easement or right of way to use the remainder; however, the adjoining home owns the other half of the driveway, with a right-of-way with respect to the portion the neighbor owns. This is one way to use a driveway easement. An easement may be claimed by prescription for the use of the driveway. This requires proof that your neighbor willingly abandoned his use of the driveway during the adverse period when you and your predecessor in title enjoyed the exclusive use of the driveway. Easements should describe the extent of the use, as well as the easement location and boundaries. For example, if an easement is created for the driveway for one house, the owner of the easement cannot turn his house into a hotel with many cars travelling over the easement if the easement was intended for use by a single family.
Illinois Easement for Driveway is a legal concept that grants certain rights to property owners or occupants regarding the use of driveways on their premises. An easement is a legal right to use someone else's property for a specific purpose, which in this case is related to accessing and utilizing driveways in the state of Illinois. In Illinois, there are several types of easements that pertain to driveways: 1. Express Easement for Driveway: An express easement is created when there is a written agreement between the property owner and the party who desires access to the driveway. This agreement outlines the terms, conditions, and restrictions regarding the use of the driveway. Both parties must agree to the terms for the express easement to be valid. 2. Implied Easement for Driveway: An implied easement arises when there is no written agreement, but the circumstances imply the existence of an easement. For example, if two neighboring properties were previously under common ownership and the driveway was shared, an implied easement may exist even if not explicitly stated. This implies that the owner of one property has the right to use the driveway on the neighboring property. 3. Prescriptive Easement for Driveway: A prescriptive easement is obtained through continuous and uninterrupted use of another person's driveway for a specific period of time without the owner's permission. The use must be open, notorious (visible), hostile (without permission), and continuous for a statutory period, typically 20 years in Illinois. Once these conditions are met, the driveway user may acquire a legal right to continue using the driveway. 4. Easement by Necessity for Driveway: An easement by necessity is granted when a property is completely landlocked, meaning it does not have any direct access to a public road. In such cases, the landlocked property owner may have the right to use a portion of a neighboring property's driveway as a means of necessary access to their own property. It is important for property owners and occupants in Illinois to understand the different types of easements for driveways as they affect property rights and usage. Consulting a real estate attorney or conducting thorough research on Illinois-specific laws is advised to ensure a clear understanding of the legal implications and options relating to driveway easements.
