Legal Question in Real Estate Law in Illinois
extinguish easement
I have an easement through neighbor's property to get to my land. If I purchase more land that would give me access to that same land does the original easement extinguish because I now have another way in? Do I have to use my new land this way?
2 Answers from Attorneys
Re: extinguish easement
I would have to see the easement agreement (which are sometimes actually a license as opposed to easements) to see. Or if you have been granted easement by a court, it may also be a different story. In general the answer is no, but I'd have to have more facts to know for sure.
Re: extinguish easement
It would depend on the easement agreement. However, it would be very unusual for a right of way easement to be extinguished because there is potentially a new way to access the property.
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