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.
