Chicago Illinois Grant of Easement and Joint Use Agreement

State:
Multi-State
City:
Chicago
Control #:
US-EAS-3
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Word; 
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Description

This is a sample form for use in transactions involving easements, a Grant of Easement and Joint Use Agreement. Grants easement for the purpose of supplying irrigation water to the Grantees parcel of land for farming.

An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.

A Grant of Easement and Joint Use Agreement in Chicago, Illinois is a legal document that grants permission to use or access a certain portion of land owned by one party for a specific purpose by another party. This agreement allows for the use of someone else's property while outlining the rights and responsibilities of both parties involved. In Chicago, there are several types of Grant of Easement and Joint Use Agreements that serve different purposes based on the specific nature of the arrangement. Some common variations include: 1. Utility Easement Agreement: This agreement is often used by utility companies and grants them the right to install and maintain utility lines, such as pipes, cables, or electrical lines, across or beneath another party's property. It ensures that the utility company has the necessary access to fulfill their service obligations. 2. Right-of-Way Easement Agreement: This type of agreement enables the use of a specific strip of land for transportation purposes, such as constructing or maintaining a road, sidewalk, or pathway. It typically allows the municipality or government entity to access and utilize the affected property to ensure public mobility. 3. Conservation Easement Agreement: This agreement involves the transfer of specific property rights to a conservation organization or a governmental entity, primarily to protect and preserve natural resources, wildlife habitats, or historically significant sites. The landowner relinquishes certain development rights in exchange for the assurance that the property remains conserved. 4. Access Easement Agreement: This type of agreement provides a right of access for one property owner to use another property for specific reasons, such as accessing a lake, beach, hiking trail, or other recreational areas. It establishes the terms and conditions under which the access is granted, including the obligations of the user. A Grant of Easement and Joint Use Agreement in Chicago, Illinois, typically includes detailed descriptions of the easement area, the purpose for which it is granted, the duration of the agreement, any limitations or restrictions, maintenance responsibilities, and any compensation or reimbursement arrangements. It is crucial for both parties to review and understand the terms of the agreement before signing to ensure compliance and avoid any future disputes. Consulting with an attorney specializing in real estate law is advisable to ensure that all legal requirements and considerations are addressed appropriately.

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FAQ

What do you need to establish a right of way by prescription? The landowner must establish that he has exercised the right for at least 20 years without interruption. The landowner does not need to establish daily use, but he must ensure any gaps in use are relatively short.

Acquisition of easements by prescription Therefore, if there is a need to prove its title after prolonged, uninterrupted and continuous occupation or to exercise certain rights over real estate it will cause hardship and will cause injustice. The law, therefore, recognizes an easement by prescription.

There are a number of ways in which an easement can be created. The first is by an express grant by the servient owner to the dominant owner, or by the express reservation of the right when the dominant owner sells part of his land to the servient owner.

1. Owner: An individual owner of land can create easement for any estate or interest. The owner of servient tenement can impose easement, by his unilateral act, on his property.

PRESCRIPTIVE EASEMENTS IN ILLINOIS. The law relating to the establishment of easements by prescription generally. requires the claimant of the easement to show that his use of another's land. was open, exclusive, continuous and uninterrupted for the statutory period, 17 Ibid., at § 170 (3).

What Is An Easement In Real Estate? An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land. Easement itself is a legal term for a type of property right held by the users of the easement.

By Practical Law Property. This deed of easement grants simple rights over the grantor's land in return for a payment made by the grantee to the grantor. It contains optional clauses for a lender to give consent to the grant of the rights.

To establish an easement by prescription, the use in question must occur for 20 years, and be adverse, uninterrupted, exclusive, continuous, and under a claim of right. Pobuda, 2014 IL 116717 at ¶ 28.

An easement may be recorded in the public real estate records or other regulatory agency records; however, an easement may exist without recordation.

Prescriptive Easement Requirements The use of the easement must truly be adverse to the rights of the original owner of the property through which the easement is sought and must be without the landowner's permission. If the owner has given permission to use the land, the possession is not adverse.

More info

Did you buy a parcel of land that has or needs a road easement? Read on to find out more about what you should know about your easement.Other times, one homeowner owns the entire driveway, and the easement grants the neighbor sharing the driveway the right to use part of it. United States. Congress. Chicago, IL 60603. Easement Agreement between. Grantor shall not use the. Easement Areas in a manner which interferes with the rights granted to Grantee pursuant to this. Agreement.

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Chicago Illinois Grant of Easement and Joint Use Agreement