Illinois Amendment to Easement and Right of Way (to allow it to be used for Telecommunications Purposes)

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Multi-State
Control #:
US-OG-1221
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Word; 
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Description

This form is an amendment to easement and right of way to allow it to be used for teleommunications purposes.

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FAQ

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.

Dominant estate (also called dominant tenement) refers to the property that uses an easement over another property. For example, if lot A had an easement over lot B to access the highway, lot A would be the dominant estate.

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.

Internet bills are considered a utility bill, just like telephone bills, because they provide services to the home or business that are considered necessary for daily activity.

The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.

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 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.

A party with the right to use an easement enjoys a ?dominant estate.? Id. The estate subject to the easement is the ?servient estate.? Id. Illinois recognizes express, implied, and presumed easements. An express easement is formed by an agreement between the owners of the dominant estate and servient estate.

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Illinois Amendment to Easement and Right of Way (to allow it to be used for Telecommunications Purposes)