Easement

[lostpair]

What is the name of your state? Illinois
We own 59 landlocked acres. The original owner of the property kept a verbal understanding to use an access road at the edge of the frontage property to get to the now landlocked property when he sold to a buyer. The buyer built a home and it has been sold twice. We bought the acreage behind the home in 1991 and have used the access road without any problem, until recently. The current home owners have tried to block the access road with a motor home, tree limbs, debris, etc. We believe we have a right to use the access road to get to the property and that they must not block the road from us. Although we own some acreage that joins the landlocked property, there is no other access other than the disputed access road. They believe we must build a road on our other property to gain access. All of the above property is in a rural setting. Help.

 

[barbill]

I don't know about Illinois but in Arizona there is easement by prescription which means I believe that if a person has been using an easement for over 10 years they are entitled to continue using it. I don't know if a document needs to be filed for this but it may be worth checking into.

 

[lostpair]

I don't know about Illinois but in Arizona there is easement by prescription which means I believe that if a person has been using an easement for over 10 years they are entitled to continue using it. I don't know if a document needs to be filed for this but it may be worth checking into.

That is the same thing I was told by a real estate broker. I guess I will have to get an attorney to draw up a document for us. These people have been a thorn in our side since they have moved in. We have cattle on that property and they have a pit bull dog running loose, which is yet another thorn for us. We recently discovered a calf had disappeared, and we think their dog got it, but are unable to prove it, as there are no remains to investigate. Their response was "We haven't seen any cattle on that property" Give me a break! There are 20 cow/calf pairs out their back door! How could you not see them? Oh pleeeeease. Thanks for the advice.

 

[Greg 2]

I don't have much advise on the easement problem, but a mule/donkey will do wonders for cow/calf protection. Talk with some local farmers.

 

[firefly.skh]

easement

In california, you have what is called an easement by necessity. The neighbor has no right to block your use of the road when your property is otherwise landlocked. You probably will have to enforce your rights in court.