An Illinois Temporary Construction Easement (ICE) is a legal document that grants a property owner the right to use a portion of another person's property for a specific period of time for construction-related activities. The easement is typically granted for a limited period of time, such as the duration of a construction project, and is revocable upon completion of the project. Ices are used to provide access to a property for construction purposes, such as the installation of utilities, or for other activities that require access to the land, such as the use of heavy machinery. There are two types of Ices in Illinois: Permanent and Temporary. A Permanent ICE is an agreement between a property owner and a party seeking to use the property for long-term activities, such as the installation of utilities or the construction of a building or structure. A Temporary ICE is a contract between a property owner and a party that needs access to the land for temporary activities, such as construction projects or other activities that require access.
Illinois Temporary Construction Easement
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FAQ
An affirmative easement prevents you from blocking access to the easement owner. In our beach home example, you would be unable to block the walkway. A negative easement prevents you from developing your property in a way that block's the easement holder's access to something like light or a view.
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
Illinois adverse possession laws require claimants to occupy a given property for at least 20 years and either "color or title" or payment of property taxes for seven of those years.
An easement is a non-possessory right of use over the land of another. Most easements are affirmative, meaning that they give the easement holder the right to use the landowner's property for a specific purpose. Some easements, however, prohibit a landowner from using his land is a certain manner.
Illinois recognizes express, implied, and presumed easements. An express easement is formed by an agreement between the owners of the dominant estate and servient estate.
Illinois law recognizes an easement by necessity as one of the two types of an implied easement (along with an easement arising from a pre-existing use). An easement by necessity is created when a landowner is landlocked and needs access for ingress and egress over another's property.
Land, the servient owner could prohibit that misuse. owner is not to interfere with the easement.