Illinois Assignment of Easements and Rights of Way

State:
Multi-State
Control #:
US-OG-513
Format:
Word; 
Rich Text
Instant download

Description

This form provides for the assignment of easements and rights of way.

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FAQ

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.

PRESCRIPTIVE EASEMENTS IN ILLINOIS. The law relating to the establishment of easements by prescription generally. requires the claimant of the easement to show that his use of another's land. was open, exclusive, continuous and uninterrupted for the statutory period, 17 Ibid., at § 170 (3).

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.

§ 155.016 UTILITY EASEMENTS. (A) Easements of not less than ten feet in width shall be provided on each side of all rear lot lines, and alongside lot lines where necessary for storm and sanitary sewers, water and drainage swales.

These methods of termination are abandonment, merger, prescription, end of necessity, demolition or destruction, marketable title statutes, misuse, estoppel, and death of the holder of an easement in gross.

Owner is not to interfere with the easement. explain the scope of particular types of easements.

An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.

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Illinois Assignment of Easements and Rights of Way