Legal Question in Real Estate Law in Illinois

Neighbor's ability to to create parking on easement

A contractor bought property and built two homes. Our property has a 33ft. by 145ft. utilty easement, which includes a separate ingress/egress easment (a asphalt road) for the other owners to reach their property.

Due to the limited amount of land our neighbors received with their home, they are looking to create additional parking. They intend to do this my making asphalt parking spots on land we show we own, but have a utility easement on. Can they legally do this?


Asked on 5/26/02, 5:55 pm

1 Answer from Attorneys
Jay Pollak The Pollak Law Firm, LLC

Re: Neighbor's ability to to create parking on easement

If you own the property and the only thing on it is a utility easement... then it is YOUR property and no one can build on it without your permission. In addition since it is a utility easement even you can't build on it without permission of the utility. As an aside ... the utility easement seems incredibly large. Are you sure it is only a utility easement?

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Answered on 5/26/02, 9:00 pm


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