Illinois Right of Way Agreement
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How to fill out Illinois Right Of Way Agreement?
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FAQ
Typically, the width of a right of way is 66 feet wide, which means the right of way is approximately 33 feet on both sides of the center of the road. However, the width of the right of way on a rural road or larger highways varies.
If the easement does not involve a public utility company, therefore, the landowner will be liable. Otherwise, the utility company will be liable. However, if the granted party damages the property, he or she is legally obligated to restore it to its previous condition.
Municipal and City roads shall have a right-of-way of not less than ten (10) meters; provided that the principal streets of townsites located on public lands shall have a width of sixty (60) meters and all other streets a width of not less than fifteen (15) meters.
Generally once an easement or right of way has arisen it will continue indefinitely unless it is extinguished or released.
The right of way is the total land area acquired for the construction of the roadway. Its width should be enough to accommodate all the elements of the roadway cross section, any future widening of the road and any public utility facilities that will be installed along the roadway.
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.
Driveway Rights and Obligations to Repair One issue that comes up from time to time is whose responsibility it is to maintain an easement. The short answer is the owner of the easement is responsible for maintaining the easement.
Easements implied from a prior existing use arise when an owner of a tract of land, or two (or more) adjoining parcels, uses one part of the tract, or one of the adjoining parcels for the benefit of another part of the tract or other adjoining parcel.
"National roads shall have a right of way of not less than twenty (20) meters, provided, that such minimum width may be reduced at the discretion of the Minister of Public Highways to fifteen (15) meters in highly urbanized areas and that a right of way of at least sixty (60) meters shall be reserved for roads
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.