Our neighbors have an ingress/egress easement over our property to reach a shed. Can they place a dumpster on our property?

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Location is in Illinois. The neighbors own 5 feet in front of the shed and 8 feet on each side. The back backs-up to their property. The ingress/egress easement is 25 feet wide. They insist on placing a large dumpster in front of the shed, partially on our property (the easement). They also put large trash items around it--some on our property (the easement). This is our side yard and it is unsightly. We want this to stop. Do we have the right to tell them not to place a dumpster on the easement? And the trash?

Attorney Answers

2
Stephen Samuel MessuttaReal Estate AttorneyWilmette, IL ·
I agree with the other responder but will go this far: you say it is an easement for "ingress/egress" -- over your property to the shed. That means they have the right to get in, and get out. Not put stuff on the easement area. Of course leaving something there temporarily from time to time might itself be a breach of the limitations on the easement as you have called it, but certainly leaving a dumpster on it at all times does not seem to fall within the terms of the easement. So if the easement is in writing someplace -- either on a subdivision plat, or was recorded on its own, or came into existence through some other means, every easement has its limitations, or purposes, and if the "dominant" user (the person in whose benefit the easement runs) abuses the rights given, it can be stopped, first by asking them, and then warning them, and finally if you want to really go full bore, an injunction lawsuit. But before taking any of these steps take the easement document (hopefully) to an attorney to verify your thinking, or find some way of making the situation work for both of you.
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K Baldwin ·
Really depends on the language of the easement document (and assuming it was recorded and is truly a valid and enforceable easement). A well drafted easement should limit the uses of the easement area; restrict either party's damage to the easement area, repair, maintenance, etc. Depending on where you are in Illinois, some municipalities also have zoning restrictions on keeping a permanent dumpster on the property. If you need to see a copy of the easement, go to your local recorder's office and you should be able to pull up any document affecting your property, including the subject easement.
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