Legal Question in Real Estate Law in Illinois

Obstructing a Ingress Egress Utility Easement

Neighbor's Deed states: ''Subject to and together with an existing easement for ingress and egress running from the west line of the above described track of the land to the east line of southwest quarter of said section 31, and lying along the south line thereof, as recorded in the aforesaid recorders office in book 2896 on page 599 as document #192-3166. Subject further to an easement for ingress and egress and utilities, being a strip of land 50 in width and more particularly described as follows: land plat].

We need access for the farmer's large equipment on a minimum of 34 feet of this access. The neighbor on whose deed this is recorded for our access has planted several trees about 6 feet into the easement, piles sharp metal and large trash also on the easement.He is defiant in permitting the farmer access to the full 50 feet for his large equipment as the neighbor uses part of the easement for his driveway and front yard. He has railroad ties bordering his driveway. What is the ruling regarding obstruction of an easement; what can the owner plant, permit to grow, leave, and/or build on this easement. Thank you!


Asked on 11/05/05, 12:17 pm

1 Answer from Attorneys

George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: Obstructing a Ingress Egress Utility Easement

The landowner is in clear violation of the easement. You should file a lawsuit. Please call me for a free consultation.

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Answered on 11/06/05, 11:34 am


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