Full question:
Easement to property. In Illinois, who legally is required to maintain the easement? Is it the owner of the property that the easement is on or the property owner that uses the easement? If damages are done to the easement who is required to fix it
- Category: Real Property
- Subcategory: Easements
- Date:
- State: Illinois
Answer:
In Illinois, once an easement is established, the owner of the easement is responsible for its maintenance, unless there is an agreement stating otherwise. This means that the easement owner has the right and duty to maintain it for its intended purpose. They can make repairs and improvements as long as these do not interfere with the underlying property owner's use of the easement.
There are two main types of easements: easements in gross and appurtenant easements. An easement in gross is a personal right that ends when the easement owner dies or a corporation dissolves. In contrast, an appurtenant easement is tied to the property and remains with the property even if it is sold, as long as the properties involved are adjacent and owned by different entities.
When property ownership changes, the appurtenant easement typically transfers with the property, becoming part of the legal description. To terminate an easement, certain conditions must be met, such as the easement's purpose no longer existing or the ownership of both the easement and the land merging into one owner.
Misuse of an easement does not usually terminate it but may lead to legal claims. Legal proceedings might be necessary to clarify the easement's scope. Oral easements are often considered revocable licenses, which can be revoked unless the licensee has relied on the license to their detriment.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.