Legal Question in Real Estate Law in Illinois
Driveway Easement question
In Illinois, we currently have an adjoining landowners driveway easement agreement measuring 120' long and 14' wide. The easement is 7' on each side of the property line.
We are interested in terminating the easement agreement due to the fact that we have created a new driveway for ourselves (at no cost to the adjoining landowners) by taking out our side yard.
What steps do we need to take to try to terminate an easement and is this even possible? Can our neighbor or their guests legally park vehicles in any part of the easement? During temporary construction for improvements to the easement, is it possible to block off part of the easement still allowing for ingress and egress? Is there an Illinois law in place that give us guidance as to how much room or space an automobile need to have to turn around?
1 Answer from Attorneys
Re: Driveway Easement question
This is definitely something that requires looking at the easement agreement for the answers to most of your questions. The easement agreement is no doubt recorded so a copy can be obtained. It would seem to be a mutual easement agreement since it's on both sides of the property line.
As far as if the neighbor's guests or construction vehicles can block your ingress and egress, most likely not (again the agreement itself would probably provide an answer). Also, as far as I know, there's no general Illinois law regarding how much space is required for a turnaround. There may however be some municipal zoning laws or regulations that govern those types of issues.
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