Illinois Release of Easement
Description
How to fill out Release Of Easement?
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FAQ
Extinguishing Methods: There are several legal methods to extinguish an easement, including release, merger, destruction, abandonment, and adverse use.
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.
Easement Dedication means an Open Space, trail or Recpath public access easement acceptable to and granted to the County to ensure (i) protection of the Open Space, trail and Recpath character; and (ii) public access, subject to the provisions of this PUD.
Can You Build on an Easement? Yes, you can usually build on a property easement, even a utility easement. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. The dominant estate owning the easement may need to access 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.
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.
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.
An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.
