Illinois Communication Systems Easement
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FAQ
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.
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.
§ 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.
Generally, an easement holder, i.e., the owner of the dominant estate, has a right to use the easement ?in any reasonable manner which is necessary for the owner to fully enjoy the premises,? if they do not place an unreasonable burden on the servient land or estate.
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.
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.
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.