Illinois General Easement for Utilities

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Description

A permanent utility easement and right of way with the right to erect, construct, install, lay and thereafter use, operate, inspect, repair, maintain, replace, and rework water lines, water pipe lines, water facilities, manholes, pump stations or other appurtenances thereunto required, over, across and/or under a certain parcel of real property.

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.

Illinois General Easement for Utilities: Understanding the Basics and Different Types In the realm of real estate and property law, an easement refers to the legal right granted to a person or entity to use another person's or entity's property for a specific, usually limited, purpose. When it comes to utility services such as water, electricity, gas, or telecommunications, easements play a crucial role in allowing utility companies to access and maintain their infrastructure on private properties. In Illinois, the General Easement for Utilities is a type of easement that grants utility companies the right to install, operate, maintain, and repair utility lines and infrastructure on private properties. This easement ensures that utility providers can efficiently deliver essential services to consumers throughout the state, while also granting property owners compensation for the use of their land. The Illinois General Easement for Utilities typically includes provisions that regulate the installation, maintenance, and usage of utility infrastructure. The specific terms and conditions of this easement may vary depending on factors such as the type of utility, property location, and individual agreements between property owners and utility companies. There are several types of Illinois General Easement for Utilities, each pertaining to a specific utility service: 1. Electric Easements: These easements allow electric utility companies to install and maintain power lines, substations, transformers, and other necessary equipment on private properties. Electric easements ensure uninterrupted power supply to homes, buildings, and industries across the state. 2. Gas Easements: Gas utility companies obtain gas easements to lay pipelines needed for the distribution of natural gas. These easements enable the transportation of gas to residential and commercial properties, ensuring the availability of this vital energy source. 3. Water Easements: Water utility companies require water easements to install and maintain water pipes, mains, and distribution systems. These easements safeguard the delivery of clean water to households, businesses, and public facilities throughout Illinois. 4. Telecommunications Easements: Telecommunication utility providers, such as telephone and internet companies, rely on telecommunications easements to lay and maintain cables, fiber optics, antennas, and related infrastructure. These easements enable the seamless provision of communication services, connecting people and businesses across the state. Property owners who grant an Illinois General Easement for Utilities retain ownership of the land but give utility companies the right to access specific designated areas for their infrastructure. In return, property owners receive compensation for the use of their land under the terms outlined in the easement agreement. It is crucial for property owners to thoroughly understand the terms and conditions of the easement and seek legal advice if necessary before granting access to their property. Similarly, utility companies must ensure their activities comply with applicable laws and regulations to protect the rights of property owners while maintaining seamless utility services. Overall, the Illinois General Easement for Utilities grants utility companies the necessary rights and access to ensure the provision of essential services to residents and businesses in a regulated and mutually beneficial manner.

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FAQ

A presumed easement is also called an easement by prescription. 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.

When termed as a utility easement, it means a utility company's right to access and control the portion of another person's land that is located near utility facilities and structures (i.e. utility poles, transformers, overhead or underground electrical lines).

Access easements shall be a minimum width of 30 feet or as approved by the City.

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.

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.

Easements shall not exceed fifty (50) feet in width unless required by special circumstances.

Utility easements are strips of land used by utility companies or village municipalities to construct and maintain electric, telephone and cable television lines, water, and sewer services. Who owns the utility easement? The property owner owns all of the land including the utility 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.

More info

A. The Owner is the owner of certain property commonly known as [insert address of property], Warrenville, Illinois, County of Du Page, State ... (J) All easements for city utilities shall be in such form as approved by the city and shown as such on the plat. All other easements shall include the city as ...This type of easement grants specified utility companies the right to enter private properties and install, repair, or upgrade utility lines, pipes, or other ... In order to vacate a general utility easement, the City Engineer must receive written confirmation from all utility companies and other governmental units ... This article provides a general overview of the rights and characteristics of easements in Illinois. General Definitions and Classifications. Easements are ... Nov 5, 2019 — Utility easements are usually created by conveying a deed, a contract or a will. Easements can also be created through prescriptive use. The 90 day deadline for removal, relocation, or modification of the ditches, drains, track, rails, poles, wires, pipe line, or other equipment in subsection (f) ... Utility easements almost always exist along streets and along rear lot lines, and also exist between two lots. Why is it important to keep easements clear? It doesn't matter if the State or power company wants a temporary easement on the front of your property for a year or fee simple title to the entirety of your ... ... the Easement Area connecting to the Land Fill site to thereby restrict access on and about the balance of the Land Fill property from time to time as it ...

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Illinois General Easement for Utilities