Illinois Communication Systems Right of Way Easement

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Multi-State
Control #:
US-OG-1225
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Word; 
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Description

This form is a right of way easement for communications systems.
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FAQ

When termed as a utility easement, it means a utility company's right to access and control the portion of another person's land that is located near utility facilities and structures (i.e. utility poles, transformers, overhead or underground electrical lines).

Utility Easement: A utility easement is a type of easement that grants utility companies the right to access and maintain their utility lines (such as electricity, water, or gas) on a property.

Illinois law recognizes an easement by necessity as one of the two types of an implied easement (along with an easement arising from a pre-existing use). An easement by necessity is created when a landowner is landlocked and needs access for ingress and egress over another's property.

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.

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.

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.

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Illinois Communication Systems Right of Way Easement