Legal Question in Real Estate Law in Illinois

20 acre farm owned by father, subdivides into 10 acre plots. Son lives on ten acres

with drive way to house. Sisters land is land locked because of guard rail running across front of property.Brother being sued for easement by necessity, Brother

gets ok from Illinois dept of highways to open guard rail for drive way entrance

providing owner pays all expenses,expenses about 40.000.00 dollars. Can brother

still be sued for easement by necessity, or any part of her expenses in putting

her drive.????


Asked on 1/07/13, 4:47 pm

1 Answer from Attorneys

It appears you asked this and provided more information, which is helpful but insufficient. If sister's acreage was accessed from brother's prior to the split in title it may be that an easement was implied at the time title was split and father did not think that anything more formal was required. Therefore if brother is refusing to allow access there may be grounds for a court to declare an easement exists and if sister incurs costs to open new access the costs could be damages assessed against brother. This requires an attorney's involvement and can not adequately be assessed in this forum. What is unfortunate is the siblings' unexplained refusal to work out the issue amicably with each other.

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Answered on 1/08/13, 1:23 pm


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