Illinois Easement and Right of Way (For Roadway Allowing Access to Lands) refers to legal rights that allow individuals or entities to access or use another person's property for the purpose of constructing, maintaining, or using a roadway. These easements and rights of way ensure the smooth flow of traffic, development, and access to different lands across the state of Illinois. There are several types of Illinois Easement and Right of Way (For Roadway Allowing Access to Lands), including: 1. Fee Simple Easement: This type of easement grants the holder the exclusive right to use and access the land for roadway purposes. The landowner retains the ownership of the property but grants the easement holder the right to use the road. 2. Easement by Necessity: When a landlocked property lacks reasonable access to a public road, an easement by necessity may be granted to provide legal access to the property. This easement is usually granted when it is deemed essential for the practical use and enjoyment of the land. 3. Easement by Prescription: In some cases, if a person has continuously and openly used another person's land for a specific period (typically 20 years) without the owner's permission, they may acquire an easement by prescription. This type of easement is established through a legal process and can allow for road access to certain lands. 4. Statutory Easements: Illinois law also recognizes certain statutory easements that allow for roadways and right of way. For example, the Eminent Domain Act grants the government the power to acquire private property for public road purposes. The laws governing these statutory easements vary depending on the circumstances and can sometimes require compensation to the landowner. It's important to note that the establishment and use of easements and rights of way in Illinois are subject to specific legal requirements and regulations. These may include obtaining permits, negotiating agreements, or going through legal processes to secure or dispute the rights. Consulting a qualified attorney or legal expert specializing in real estate law is highly recommended when dealing with easements and rights of way to ensure compliance with Illinois statutes.
Illinois Easement and Right of Way (For Roadway Allowing Access to Lands)
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Travel lanes shall be at least 10 ft (3.0 m) wide and preferably 11 ft (3.3 m). In industrial areas, travel lanes should be 12 ft (3.6 m).
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).
The major cross section elements considered in the design of streets and highways include the pavement surface type, cross slope, lane widths, shoulders, roadside or border, curbs, sidewalks, driveways, and medians. Due consideration should be given to the motoring and non-motoring users in designing the cross section.
Stat. § 67306. The width of the right-of-way of a public road in townships shall not be less than thirty-three feet or more than one hundred and twenty feet, and the width of the right-of-way of alleys opened by the township as public roads shall not be less than fifteen feet.
Vehicles approaching or entering intersection. (a) When 2 vehicles approach or enter an intersection from different roadways at approximately the same time, the driver of the vehicle on the left must yield the right-of-way to the vehicle on the right.
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.
Vehicles approaching or entering intersection. (a) When 2 vehicles approach or enter an intersection from different roadways at approximately the same time, the driver of the vehicle on the left must yield the right-of-way to the vehicle on the right.
The minimum right- of-way width of a local street is 66 feet. (2) Pavement. The minimum pavement width of a local street in a subdivision with open drainage is 24 feet.
