Legal Question in Real Estate Law in Illinois
Where should an easement begin?
We are having a dispute with our adjoining landowners over where the driveway easement we share begins. Our neighbor believes the easement begins at the edge of the sidewalk after the approach to our drive. According to the wording on our easement paperwork, ''Each easement granted herein shall be limited to the northerly 120 feet of the property subjected to the easement.'' The northerly edge spoken off is right off the street which our drive would turn onto. Further, in our property description, the property line is placed at the center of the street. According to the wording above, where should the easement begin? Who would be able to give us a legal document showing exactly where the easement is?
2 Answers from Attorneys
Re: Where should an easement begin?
The recorded easemant controls. if you want something definitive , hire a surveyor.
Re: Where should an easement begin?
You need a legal opinion ... costs $1000.00 for a retainer