Legal Question in Real Estate Law in Illinois
public right of way
I have a driveway that is entirely on public right of way and has been for 50 years. The plat of survey to my home does not include this area but this is the only access to my house. The village wants all homes with gravel driveways to pave within two years. They say i must make a new driveway into my home and sod the exisiting driveway. Otherwise when i sell this will show up in the title search. Do I have any rights not to pave since this is their property?
2 Answers from Attorneys
Re: public right of way
You should visit the town to determine for certain that this area is considered to be a public-owned area. If that is the case, you will most likely not be liable for paving it. However, ensure that this is the case by researching what the law is in your town regarding similar property. If you do not pave it and you are found to be responsible for it, you may face whatever penalties that have been sanctioned for such violations. An attorney can help you to better navigate these issues.
Re: public right of way
My first impression would be that "no" you are not responsible for paving the driveway. I must add the caveat that I have not seen the plat nor the directive from the village.
If you would like to pursue this further, then please contact my office at (847) 223-4410. We can discuss the possiblity that I could examine the documents and advise you on the best courrse of action.
You should note that if your are liable for paving the driveway and do not you will be in violation of a village ordinance. As such, this can appear on the title and "cloud" it.
Disclosure: The above is for informational purposes only and should not be considered as a legal analysis or opinion. Nothing herein should constitute an attorney client relationship.
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