Can you remove an easement by prescription in Illinois?

An easement is a non-possessory right to use the real property of another individual or party. Simply put, this allows one to use another’s land without having to possess it. There are two kinds of easements: affirmative and negative. In affirmative easements, the easement holder is given the right to use another landowner’s property for a specific purpose.

A negative easement, on the other hand, refers to the prohibition to use land in a certain manner as dictated by the landowner. Apart from the affirmative and negative easement, there are also another two categories, which are the easements appurtenant and easements in gross. The first one is established to adjoin land. The second one is established to benefit a specific individual or business entity. This type of easement may not be sold, inherited or assigned.

According to easement laws in Illinois, easements may be created through several ways. One of these is the easement by prescription. To establish this, a claimant must be able to prove that the use of land was adverse, exclusive and continuous, and that such use has prevailed for the last 20 years. Easement boundary disputes over this type may arise due to certain factors such as misuse, non-use and abandonment on the part of the easement holder, as well as interference from the landowner.

When dispute issues such as these arise, it is possible for an easement by prescription to be removed. It is important to get help from an experienced real estate attorney who specialized in easement laws.