Legal Question in Real Estate Law in Illinois

Homestead Act

Can you tell me about the Homestead Act? A farmer nearby farmed part of my neighbor's ground for many years, more than 10. The neighbor objected one day and took the farmer to court. The farmer won. Under what premise did the farmer win the ability to farm that ground indefinitely just because he has for so long? Does utilization of an easment constitute the same result? My fater's land is adjoinging his neighbor's easement . He purchased about 10 years ago an additional 55 acres that has always utilized this easement for ingress and egress - not utilities. My neighbor's attorney claims that because the two sections are now owned by the same person, even though they are taxed separately, they can deny ingress and egress. He further states that the easement is only for utilities - given that if that 55 farmed acres is sold for housing he claims they will have to make their own access. Thank you so much!


Asked on 9/18/07, 12:52 pm

1 Answer from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: Homestead Act

I think you have confused the terminology. The farmer's right was called a prescriptive easement. It means that if somebody uses another's property for a certain period of time and the other person knows about it and does not say anything, there can be formed a prescriptive easement allowing him to continue the activity. It is similar to a regular easement as far as rights but is not in writing and is legalized through a lawsuit or the likes. In the second situation, I am afraid your facts are not as clearly outlined so I cannot really answer but it sounds like the easement is written so you would need to first look at the deed and see if it runs with the land.

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Answered on 9/23/07, 7:30 pm


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