perscriptive easement

[Karen Klaske]

We have an alley that the city claims but on a title search shows it belongs to us. They are claiming "perscriptive easement". This alley has two other enterances, our's is not necessary, we want it closed - it runs within 4 feet of our home. What is the best way to close off this portion of the alley? We live in Illinois. Thanks, K.K.

[Edited by Karen Klaske on 12-01-2000 at 08:12 PM]

 

[HomeGuru]

The City, being a government entity may have rights to the property. You can't just close it off, you need to resolve legal title/ownership with the City first. The City has condemnation powers through eminent domain and you don't.

 

[Jack Mevorach, Esq.]

You can try to close it off to defeat their claim of easement, but they may sue in response. That lawsuit will then decided who owns what, and if there are any easements.