Illinois Right of Way and Easement (Underground Electrical Facilities)
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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 gives people or organizations the right to access and use your property in specific situations for a limited purpose. A right of way is a type of easement that establishes the freedom to use a pathway or road on another's property without conferring ownership. A right of way easement is very common.
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.
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.
This article provides a general overview of the rights and characteristics of easements in Illinois. Easements are ordinarily divided into two broad categories: easements appurtenant and easements in gross. An easement appurtenant is the right of one property owner to use the land of another for a specific purpose.
Illinois adverse possession laws require claimants to occupy a given property for at least 20 years and either "color or title" or payment of property taxes for seven of those years.
Most Used Easement: Express Easement An express easement is typically conveyed via deed or other writing, which governs the terms of the easement.
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.