Legal Question in Real Estate Law in Illinois
easements
In the case of a vacant restaurant
on an outlot in a shopping center,
where the deed contains an easement for CAM and real estate
taxes, where no benefit to the
vacant store is provded by the
easement, should the costs be reduced or
canceled
Asked on 6/11/09, 3:56 pm
1 Answer from Attorneys
Glenn Guttman
Rieff Schramm Kanter & Guttman
Re: easements
Liability for the CAM and real estate taxes are probably still the responsibility of the lessee, whether or not the restaurant/store is occupied. Unless the lease provides differently.
Under any circumstance, the property taxes should be appealed as soon as practicable since the effect of the lower property taxes will inure to the benefit of the tenant/lessee.
Answered on 6/11/09, 7:33 pm
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