Legal Question in Real Estate Law in Illinois

driveway easement

I have an easement on my driveway which was intended to allow my neighbors access to their portion of a shared garage.Their portion is little more that a shed attached to my garage, on their side of the property line.In the 3 yrs.I`ve lived here they have never used the driveway. I would like to have the easement removed. The city inspections/zoning dept. does not know the proceedure, and my attorney is not familiar with real estate law.Can I simply send them a registered letter stating that the easement is being removed unless they choose to protest? Or is there a specific proceedure I must follow?I am putting the prperty up for sale and the easement makes it less appealing.


Asked on 6/27/00, 2:32 pm

1 Answer from Attorneys
Zedrick Braden III

Re: driveway easement

Hello. That is a very

good question. You may

have a problem with this

if the neighbor purchased

his property with the

easement, and I am sure

that happened. A letter

attempting to revoke the

easement probably will not

work, because, in my opinion,

the easement was recorded

with your neighbor's ownership

of his/her property. Be

careful about this so you

are not sued.

Read more
Answered on 9/08/00, 3:26 am


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