Illinois Amendment to Easement (Powerline Easement)
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FAQ
Illinois state law and local ordinances place the responsibility for maintenance of a boundary fence separating two properties on the owners that use the fence. Consequently, when a fence needs repair, both property owners must share the cost.
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.
§ 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.
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. Pobuda, 2014 IL 116717 at ¶ 28.
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.
The answer is yes; you can build a fence on an easement. An easement is a legal right that allows one person or entity to use another person's property for a specific purpose.
What if I build a fence in an easement? Although the Village Code permits fences to be located in an easement, an obstruction in the way of a utility company lengthens outage or interruption by making the utility company move obstructions out of the way.