Legal Question in Real Estate Law in Illinois
Easement causing problems
We bought a home with an easement which is only for drive, not parking that we own but the duplex owner behind us has access to. He has rented this out and it has been a continual problem with his tenants using it as a parking lot for their parties, driving through our grass as well as the neighbor's, flying down it , etc. They have 2 other access points yet insist on using this as their 3rd drive. The duplex owner has told the tenants not to use it and they dont, but their guests do for not only a drive but a parking lot. My daughter was nearly ran down and we had to call the police.. the other issue with the easement is that it has created a water drainage problem that is severely damaging our property, foundation, property below us, etc yet the duplex owner refuses to pay his portion of maintenance to fix these issues. It is stated that he is responsible for half... the city engineer came out and said we need extensive drain work to save our property due to this road. ( ditches, a swale, ground being raised on one side, retaining wall, etc.) He refuses to give it up so we can fix anything and wont pay his portion.. what can we do?
1 Answer from Attorneys
Re: Easement causing problems
To have him pay for his portion of maintenance, you will prbaby end up having to sue him if he doesn't respond to any demands. Maybe a solution for the easement would be a locked fence.