Legal Question in Real Estate Law in Illinois

Re: Easements

I'm glad I don't live next door to theses people. Generally speaking, your neighbor would be wrong. However, it depends on the actual language contained in the easement agreement. It is conceivable, though very unlikely, that the easement is limited to the owners of the dominant estate. You should have an attorney take a look at the easement and give you an opinion. Usually, such agreements are fairly short, so it shouldn't cost much to do this. If your neighbor is wrong, then just keep using the driveway as you have in the past. You don't need to go to court unless they do something to restrict your use--like set up a fence or tollbooth or moat or something. It would be up to them to take you to court to prevent you from allowing your delivery drivers, friends, relatives, etc.

Re: Easements

I would opine that your neighbors are probably wrong. What does the written easement say? Was it recorded? You really should have a lawyer look it over. Should be inexpensive to do this; I don't think that it would take a lot of time.

Re: Easements

Hello. I can see that you have a real dispute

with your neighbor. The easement right that

you have is for your "benefit". Therefore, a

relative, friend, neighbor visiting you, or a

deliveryperson may use the driveway as long as

the visit or service is for you. It may be

necessary to file a lawsuit in chancery court

for relief which is the court in Illinois which

provides equitable relief. In other words, the

chancery court steps in where there is no legal

remedy. For instance, you want the use of the

driveway. A lawsuit for money is not what you

are seeking. A chancery court can issue you in-

junctive relief which would order your neighbor

to refrain from interfering with your invited

guests, deliverypersons, etc. who make use of

the easement for your benefit. I will be more

than happy to answer any additional questions

that you might have.