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.
1 Answer from Attorneys
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.