Legal Question in Real Estate Law in Illinois
We purchased property in Sept. 2009 which had cows on it. We put a home and pole barn on the property. There was an existing gate at the beginning of the driveway. We replaced the gate with a new one, which at that time, we made it to where you can pull your vehicle completely out of the roadway to operate the gate. We have a couple behind us that have a 40ft easement across our land which in the legal description states the following "40 foot wide easement for ingress egress and utilities". We would like to maintain this easement, but the neighbor insists that it is his right. We think that he has the right to come and go and have utilities... nothing else. As far as the gate, he wants the gate down immediately which has been in existence for approx. 26 years, and the neighbors have come and gone through that gate for 6yrs. It is not locked just has a snaplink on it. Since we removed the cows, he wants the gate down. Would you please address both... the gate and easement issues?
1 Answer from Attorneys
Easement
It is what it is. The deed governs. period. The easement only goes away either when you own what is now his property or he finds another way out. He can, and should, maintain the road. He can pave it or do pretty much what he wants except to widen it beyond what the deed grants. Nor can he keep you from driving on it or crossing it. In short, he cannot put up a fence along his easement. Most easement holder would WANT to have someone else maintain the road. That is why I suspect he wants to pave the road and put up a fence. He cannot cut your property into two parts under the same principal as you can't cut him off.
He gets the USE of the easement, but you own the land that is is on.
Gate
If you were installing a gate where none existed before, then he would have the right to say yea or nay. However, (a) the gate has been there 26 years, and nobody objected, so he is stuck. (b) If I read what you say correctly, there was a gate there before he brought the property. If that is the case, then he knew the gate was there when he bought the property and he is stuck again.
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