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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5647
Experience:  28 years of experience in general practice, real estate law and estate law.
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In Illinois, does a homeowner of an end unit (townhouse)

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In Illinois, does a homeowner of an end unit (townhouse) violate any law or rules if she closes in an easement area meant for utilities and garbage carts behind locked fence and all four townhome owners including her have to take their garbage to the alley and let her know when utility companies need to gain entrance into the easement? Homes are 10 years old. The gated area has been in existence for about 9 years.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 9 months ago.

Do you have a copy of your your association governing documents that you can attach? A valid easement could not be blocked by the person or entity that has a right to use the easement. Do you have the actual easement language?

Expert:  Attyadvisor replied 9 months ago.

Generally you can never block off an easement. That being said we would need to look at your governing documents.

This sounds more like a situation that needs to be reported to the City Health Department and if they refuse to get involved I would go to the State level. Give me a moment to provide links.

Expert:  Attyadvisor replied 9 months ago.

In Illinois, does a homeowner of an end unit (townhouse) violate any law or rules if she closes in an easement area meant for utilities and garbage carts behind locked fence and all four townhome owners including her have to take their garbage to the alley and let her know when utility companies need to gain entrance into the easement? Not if the easement is open for use to others.

My front door is steps from the side of my house where the easement exist. The next year, people in the three other units would leave their garbage next to my home for weeks without taking it out to the alley to be picked up. It created a horrible ordor, and my front door glass (6 feet by four feet)had to be cleaned constantly because it was filled with dead insects that I and others would have to killed before we opened the front door to come inside. I tried moving my garbage carts 6 feet away from the door and then placing others carts next to them. When I came back other's garbage carts had been placed in the empty spots which meant garbage was less then three feet away from

This is what is know as a nuisance and you have an action for anyone causing this to your property.

"The Law of Nuisance

Lawsuits invoking the law of nuisance typically involve neighbors suing their neighbors or a public official suing a property owner for the benefit of the general public. By bringing suit, the plaintiff (the originator of the lawsuit) usually seeks to control or limit the use of the land owned by the defendant (the person being sued or, in other words, the person asked to "defend"). The plaintiff is basically saying to the defendant, "Your action is interfering with my enjoyment of my property; therefore, you must stop acting in that manner."

There are two basic types of nuisance suits. These are private and public nuisance actions. A private nuisance means there has been a loss of the use or enjoyment of property without an actual physical invasion of that property. An action for a physical invasion of property is known as a trespass action. An example of a private nuisance would be where an individual failed to keep his dog kennel clean, causing the next-door-neighbors to experience unpleasant odors when they left their windows open and also prevented them from spending time in their backyard."

What is the name of your HOA?

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