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When is an easement legally granted based on IL law.
Anonymous7 views3 answers
A small .96 acre tract of land was recently purchased near the end of my driveway. The land that was purchased is approx. 30ft from my driveway (a 900ft lane) and the owner wants me to grant an easement. I've had too many friends with easements that have been nothing but a headache for them. This .96acre tract of land has frontage rd access and there is no necessity for an easement. I don't believe he would have any rights to an easement, but I just want to feel things out. The new owner has already cut down bushes and trees on my property (without permission) and I'm afraid the whole situation is going to get ugly.
Stephen Samuel MessuttaReal Estate AttorneyWilmette, IL ·
Under Illinois law you are NOT obligated to grant an easement under the stated facts. The new owner has committed trespass to your property and has damaged it, however, and you are entitled to compensation for that. If the vegetation was an eyesore, it may be easier to just have an attorney write a letter to settle the matter and waive damages if the new owner desists intrusion, etc.
