Legal Question in Real Estate Law in Illinois

We own a odd shaped piece of propoerty that entirely encircles 2 other property owners. There is an easement for an existing driveway that gives these neighbors the ability to use the drive to access their propoerty. Unfortunately one of these neighbors can still not access their property with this easement, thus a second easement was created to allow them to cross a section of land of about 100' by 10' to get from the driveway to their property. Their driveway crosses this section of land. So we actually own this 100' by 10' section of land that a portion of their driveway is on. There have been numerous disputes lately about this small strip of land due to numerous contractors bringing large equipment in to do work at the neighbors property. It has resulted in the destruction of the grass areas on either side of their driveway for this small portion of land at the end of their drive. This on going dispute has resulted in us fixing the damage on 4 seperate occasions since neither the neighbors or their contractors will make the repairs. It has now caused issues with a verbal agreement about the neighbors garbage pick-up at the end of their driveway. My husband does not want the garbage truck on our drive and the neighbor refuses to take their trash cans to the end of driveway that all 3 neighbors use. My question is what rights do we have and they have in regards to maintenance, upkeep, etc for this 100' by 10' section of land. And than secondly can my husband legally prohibit any contractors, garbage trucks, etc that the neighbors hire from accessing the neighbors property thru the use of our existing driveway?


Asked on 8/17/09, 5:24 pm

1 Answer from Attorneys

Adam S. Tracy Securities Compliance Group Ltd

In some instances, misuse of an easement can extinguish an easement. You owe a duty to keep the easement usable. However, the grantee has a duty not to misuse or destroy the land surrounding it. Is the easement recorded? feel free to email me: [email protected]

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Answered on 8/23/09, 3:33 pm


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