Legal Question in Real Estate Law in Illinois
easements/contract for deed
When a purchaser buys real estate by contract for deed, who must sign to grant an easement to another party--the buyer or the seller? Also, when one has an easement, can he grant an easement to another for the same purpose? Thanks!
2 Answers from Attorneys
Re: easements/contract for deed
Without doing extensive research . . . .
Were I obtaining an easement with respect to the property, I would first want to have the grant from the record owner of the parcel, that is, the contract seller. If I knew of the contract and possible rights of the contract purchaser --- because the contract was recorded, because the contract purchaser was in possession giving the world notice of possible rights in the parcel or for some other reason === I would want the contract purchaser's signature, also.
As to the second question, that depends on the circumstances and intent.
For example, a sells an easement for access to B, the owner of blackacre. B sells half of blackacre to C, who has no access without the easement.
Re: easements/contract for deed
I would unquestionably want both the contract seller and buyer to sign, since they both have an interest in the property. And the second question depends on the type of easement, the intent of the parties in creating the easement, limitations contained in the easement, and probably fifty other things I can't think of at the moment.