Legal Question in Real Estate Law in Illinois
Easement identification;
There is no signage or notification of where our easement begins off of another easement. We have continuous unwanted traffic as well as a very difficult time describing our location to incoming guests, deliveries etc...
Am I allowed to put signage (my family name, private drive, no trespassing, etc...) at the beginning of our easement to recognize what the easements intent is and to deter unwanted traffic? The owner of the land has forbade us to place any signage on their property (either easement) at this time.
3 Answers from Attorneys
Re: Easement identification;
Hello. I can understand your frustrations here. I suggests that you hire a surveyor to come out and
determine the location of your property line and that of your neighbor. I also suggests that you order a title report from one of the local title companies. This report will disclose how the easement is set up and what were the intentions of the individual property owners at the time your home was built. Will be happy to answer any additional questions and in more detail.
Re: Easement identification;
first i would determine whether or not you have an easement.
if you do, put up the signage. if the owner of the servient parcel sues you, then you will be able to defend.
email me if you have any questions.
Re: Easement identification;
If putting signage up would be consistent with the intention of the easement, you should be able to use a sign. You should review your survey or have one done. You might also want to have a title abstract performed and obtain a copy of the document(s) that created the easement.
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