Illinois Non-Exclusive Roadway Right of Way
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How to fill out Non-Exclusive Roadway Right Of Way?
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FAQ
The minimum right- of-way width of a major street is 150 feet, unless the Chief Subdivision Engineer or road authority requires a greater right-of-way width.
A party with the right to use an easement enjoys a ?dominant estate.? Id. The estate subject to the easement is the ?servient estate.? Id. 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.
The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.
Termination of Easements Termination occurs by release when all the dominant owners agree to abandon the easement. City of Chicago v Hogberg, 217 Ill 180, 75 NE 542 (1905). To terminate an easement by abandonment, the party must first prove that the dominant estate owner intended to abandon use of the easement.
The driver of a vehicle about to enter or cross a highway from an alley, building, private road or driveway shall yield the right?of?way to all vehicles approaching on the highway to be entered. (Source: P. A. 76?1739.)
In most instances, the responsibility falls on the person who has the easement right. A landowner that has an easement over the property of another landowner is the holder of the dominant estate.
Travel lanes shall be at least 10 ft (3.0 m) wide and preferably 11 ft (3.3 m).
Exclusive means that only one party or perhaps a limited number of parties can use that easement. Non-exclusive means that a number of different parties can use the easement. Non-exclusive can also mean that additional parties could be granted the right to use that same easement in the future.
Dominant estate (also called dominant tenement) refers to the property that uses an easement over another property. For example, if lot A had an easement over lot B to access the highway, lot A would be the dominant estate.
An easement allows another person the right to use your land for a specific purpose. The most usual easements are those granted to public utility or telephone companies to run lines on or under your private property and to neighboring houses to use a common driveway to give access to their home.
