Legal Question in Real Estate Law in Illinois

Private Road

I live on a private road, I own part of the road that passes in front of my house. The road continues about one half mile to one other farm house and dead ends. A corporation has tapped into a natural gas line beyond my house and has been running heavy equipment and automobile traffic on my road causing damage.

Can I put up a private road sign and keepout traffic that doesn't own part of the road?

Asked on 1/30/01, 11:16 pm

1 Answer from Attorneys

David Shestokas Shestokas, & Associates

Re: Private Road

You may be able to do so, however, if the road has been in existence for a long period of time, and the property on which they are working has been serviced by that road there is probably an "easement" that belongs to the property on which the company is working. An "easement" allows someone to use your land for a limited purpose. You should check both the survey and your policy of title insurance to determine the status of the road, before putting up any signs. Ultimately, it may be possible to obtain an injunction and/or compensation for the damage to your road, depending upon the legal status of your road.

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Answered on 3/16/01, 5:11 pm

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