Legal Question in Real Estate Law in Illinois
Where does an easement begin?
We are having a dispute with our adjoining landowners over where the driveway easement we share begins. Our neighbor believes the easement begins at the edge of the sidewalk after the approach to our drive. According to the wording on our easement paperwork, ''Each easement granted herein shall be limited to the northerly 120 feet of the property subjected to the easement.'' The northerly edge spoken off is right off the street which our drive would turn onto. Further, in our property description, the property line is placed at the center of the street. According to the wording above, where should the easement begin? Who would be able to give us a legal document showing exactly where the easement is?
1 Answer from Attorneys
Re: Where does an easement begin?
It's impossible for me to tell without actually looking at the docs. And maybe the wording of the docs is ambiguous so that no noe really knows for sure where it starts.
By the way, your property probably really doesn't begin in the middle of the road. If you look at either Schedule B or the legal description of your title insurance policy, there's probably a portion that was vacated for the road. So odds are that part of the description shouldn't count for purposes of the easement.
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