Legal Question in Real Estate Law in Illinois
I am a current resident in Illinois. I have a problem with an easement running through my land. The easement, which is the use of my driveway, seems to be taken for granted. The easement allows a neighboring farmer to use my driveway to get to his machine shed where he has some farm equipment. Recently he has built a room in his shed where he has "hunting parties". When he has these parties people are parking along my driveway, in-front of my garage, in my yard and in the two spots next to my garage were me and my wife always park. WE have told him time and time again that he needs to knock it off and move the cars and nothing is done. He claims its his driveway too and I disagree because i am the one who pays taxes on it and owns the driveway and puts new gravel on it. I saw yesterday he put freshwood in the shed, which means he is getting ready for more parties and i want to put an end to this disrespect. I DO NOT care he is having parties, but he allows his friends to park along my driveway--from his shed almost to the road, parks in my yard and parking spots and i have even caught them walking over taking my cut wood, using my outside well faucet(30 yards from the shed 5 yards in front of my house) and letting there kids running around late at night. Please help me ASAP! Eventually im just going to have these vehicles towed w/o saying a word!
2 Answers from Attorneys
An easement that once had a limited purpose is now out of hand. You are going to need a lawyer with extensive experience in easement litigation. I would recommend John L. Cantlin at 760 E Etna Road, Ottawa IL 61350. 815-433-4712.
It depends on the terms of the easement. If it allows use for access only (ingress and egress), perhaps a stern letter from an attorney might get him to stop trespassing.
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