Illinois Release of Right of Way / Easement

State:
Multi-State
Control #:
US-OG-127
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Word; 
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Description

This form provides for a release by the owner of a right of way so that the right of way no longer exists.

A Release of Right of Way/Easement in Illinois refers to a legal document that terminates or relinquishes a previously granted right of way or easement over a property. This document is typically executed when an owner or party involved in the easement wishes to free the property from the burdens and obligations that come with the easement. A Release of Right of Way/Easement in Illinois may be needed when the owner of the serving property (the property burdened by the easement) no longer wishes to grant the right to the dominant property (the property benefiting from the easement) to use a portion of their property. This can occur due to various reasons, such as changes in land use plans, desired property improvements, or a change in ownership circumstances. In Illinois, there are different types of Releases of Right of Way/Easement that can be applied depending on the specific circumstances: 1. Voluntary Release: This type of release is executed when both parties, the dominant and serving owners, voluntarily agree to terminate the easement. The document states that the parties acknowledge the easement's termination and release each other from any future obligations related to it. 2. Mutual Release: A mutual release is used when both parties, the granter (the party who granted the easement) and the grantee (the party who received the easement), agree to terminate the easement by mutual consent. This release acknowledges the termination and specifies that both parties waive any future claims or liabilities arising from the easement. 3. Abandonment Release: In some cases, an easement may become ineffective due to long periods of non-use by the dominant owner. If the dominant owner voluntarily abandons the right of way without executing a formal release, a court can declare the easement abandoned. However, in Illinois, executing an Abandonment Release provides a more definitive and straightforward approach to terminating an easement based on abandonment. When preparing an Illinois Release of Right of Way/Easement, it is essential to include specific details such as the legal description of the properties involved, the recorded document number or date of the original easement grant, and the names and signatures of all parties involved. Additionally, it is recommended to consult with an attorney experienced in real estate matters to ensure the legality and completeness of the release document in compliance with Illinois state laws. In conclusion, an Illinois Release of Right of Way/Easement is a legal document used to terminate an easement or right of way over a property. Whether it is a voluntary release, mutual release, or an abandonment release, the document must accurately detail the parties involved and include specific information to ensure its legal validity. Seeking legal advice is crucial when preparing or executing a Release of Right of Way/Easement in Illinois.

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FAQ

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.

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.

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.

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.

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.

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Illinois Release of Right of Way / Easement