Illinois Consent By Tenant to Right of Way Agreement

State:
Multi-State
Control #:
US-OG-960
Format:
Word; 
Rich Text
Instant download

Description

This form provides for a tenant on the surface of the lands to consent to a right of way granted by the landowner. It provides the tenant will be paid for any damages to the tenant's crops or other property, resulting from the use of the surface, under the terms of the right of way agreement.

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FAQ

Ownership and Responsibility: The owner of the easement is responsible for its maintenance, not the owner of the land over which the easement runs (known as the servient tenement).

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.

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.

A party with the right to use an easement enjoys a ?dominant estate.? Id. The estate subject to the easement is the ?servient estate.? Id. Illinois recognizes express, implied, and presumed easements. An express easement is formed by an agreement between the owners of the dominant estate and servient 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.

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 duty to care for an easement belongs to the owner of the dominant estate.

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Illinois Consent By Tenant to Right of Way Agreement