Legal Question in Real Estate Law in Illinois

Halt....Who Goes There

I recently purchased 6 acres of land. According to my contract it states that I must provide an easement so that people owning land behind me can gain access to their land. Basically it states that I must provide a 24' easement to the owner and heirs of the land. Recently I have had numerous vehicles driving thru my property. My question is if the owner of the land behind me tells someone other than an heir they can go onto their land for some reason, do I have to allow that person access to the easement or can I make them walk back to the property. If an Illinois court case is known I would like the case info.


Asked on 12/10/03, 9:41 am

1 Answer from Attorneys

Barry040 Bayer Law Offices of Barry D Bayer

Re: Halt....Who Goes There

I don't know of a case off hand, but in general, the owner of the back parcel can invite others to his property through yours, for example, to visit his house, or restaurant that is constructed on the back property. You didn't indicate the details, but it would seem that you should be able to limit the access right to a specific 24 foot strip --- on the edge of the property, for example, designated as "private road" or some such. A fence or trees could shield the rest of your property from the comings and goings of the owner and his invitees. (Don't worry about the "and his heirs" language. That's only legal jargon which isn't important here.)

Read more
Answered on 12/10/03, 10:01 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Illinois