This is a sample form for use in transactions involving easements, an Easement for Street and Roads. Allows a perpetual, non-exclusive right of way and easement to construct temporary and permanent streets or roads.
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 Easement for Streets and Roads
State:
Multi-State
Control #:
US-EAS-6
Format:
Word;
Rich Text
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FAQ
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.
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.
The highway commissioner, in lieu of a petition, may file a certificate with district clerk and county clerk to vacate roads. The procedure upon filing of such certificate shall be the same as, and conform to, the procedure followed upon the filing of a petition. (Source: P.A. 87-1121.)
The driver of a vehicle about to enter or cross a highway from an alley, building, private road or driveway shall yield the right?of?way to all vehicles approaching on the highway to be entered. (Source: P. A. 76?1739.)
Stat. § 67306. The width of the right-of-way of a public road in townships shall not be less than thirty-three feet or more than one hundred and twenty feet, and the width of the right-of-way of alleys opened by the township as public roads shall not be less than fifteen feet.
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.
The minimum right- of-way width of a major street is 150 feet, unless the Chief Subdivision Engineer or road authority requires a greater right-of-way width.
Travel lanes shall be at least 10 ft (3.0 m) wide and preferably 11 ft (3.3 m).