Legal Question in Real Estate Law in Illinois

I have a 10 foot easement at the end of my home property. I am assuming it is for utility purposes. However, the previous owner had already installed a shed 6 feet deep into this easement. Now, we want to build a garage, the city contends that we have to build outside the 10 foot easement. Can we dispute the easement and petition to remove part or all of it all together? how does that process work? is it a long process taking months and years ? is it an expensive undertaking?

Thanks.


Asked on 6/11/13, 10:44 am

1 Answer from Attorneys
Stephen Messutta

Assuming it was platted when the subdivision was created it was most likely required by the municipality. A shed is one thing even though it is a technical violation. A garage with a concrete slab floor can't easily be relocated and is thus a different kind of situation. So you're welcome to have an attorney review the situation (maybe the easement is not needed and can be vacated/abrogated but there's no way of telling whether you will be successful). And yes it could cost a lot and go nowhere but it is up to you to at least make a valiant attempt.

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Answered on 6/11/13, 2:43 pm


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