Legal Question in Real Estate Law in Illinois

An access lane used by two separate properties for over 50 years is now being threatened with closer by a new owner of one of the properties. Does the other property owner have any legal rights to prevent the new owner from closing the lane? This situation exists in Illinois.


Asked on 5/12/16, 12:33 pm

1 Answer from Attorneys

It's most likely what is called a "prescriptive easement" if there is no actual written easement grant that was ever recorded, and yes the owner of the property over which the lane has been used for so long could face an injunction against cutting off its continued use. See a local attorney as this may require litigation.

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Answered on 5/16/16, 9:48 am


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