Legal Question in Real Estate Law in Illinois

Prescriptive easement

I purchased property with access to the garage via way of a parking lot. The parking lot owner installed a gate blocking me access to my garage. The previous owner of my property accessed the gargae this way for over 30 years. The owner of the gate will not give me permission to use the gate. I have no access to my garage.

What are my options?

I have attmepted tlking with him and mediation. He said no to both.


Asked on 9/27/07, 9:21 pm

3 Answers from Attorneys
Charles Dobra Charles Wm. Dobra, Ltd.

Re: Prescriptive easement

I think that you will have to sue him. Consult a local real estate attorney with litigation experience. Good Luck!

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Answered on 9/27/07, 9:26 pm
Mary McDonagh McDonagh-Faherty Law Offices

Re: Prescriptive easement

You will need to get an attorney involved to help you out - you can go to court and prove the use of this easement in the past -

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Answered on 10/02/07, 3:44 pm
Joseph Michelotti Michelotti & Associates, Ltd.

Re: Prescriptive easement

I agree. You are going to have to sue hom or at least look like you are going to sue him. Most people don't want to spend money if they don't have to.

email me if you have any questions.

Joe Michelotti

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Answered on 9/29/07, 2:05 pm


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