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I have 15 Acres that recently became landlocked when a new…

I have 15 Acres...

I have 15 Acres that recently became landlocked when a new person bought the property where my gentlemen's easement agreement exisiedted. The new land owner will not give me access to my truly landlocked 15 Acres. There is a creek on two sides the Creek area is in an agricultural conservation program no bridging or roads allowed over the creek. The previous easement I was using is a straight wide open shot through the Timber and a cross and agriculture field. I've been using this easement for 17 years in Schuyler County in Illinois before the new owners purchased the gentleman easement ground

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Illinois Schuyler County

Lawyer's Assistant: Has any paperwork been filed?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

When I originally purchased the now landlocked section of property the owner gave me access or easement over a different landowners property. The different land owner was an old woman with Alzheimer's disease who had no clue we were using it.

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Answered in 2 minutes by:
8/25/2017
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 57,229
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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If the new owner won't voluntarily give you the easement, you can file a suit to quiet title with the court to ask the court to grant you an easement based on of the following: i) an easement by necessity because you would otherwise be landlocked; and/or ii) a prescriptive easement based on your long-time usage...which is similar to adverse possession except it's based on usage rather than ownership so the result is you get an access easement rather than an ownership of the property. Once the court grants this easement, you can record this court order in the real property records of the city/county in which the property is located, and it will have the same legal effect as if the new owner had granted the easement.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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Customer reply replied 12 months ago
I believe in Illinois to get an easement by necessity you have to have used the easement for 20 plus years to show use

That's only in the event that you are not landlocked. In a landlocked situation, the 20 year time frame is not relevant.

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Customer reply replied 12 months ago
Richard could you give me one really nice sentence or two I can say to the new land owner to try and convince him that we should do this nicely just get it done and not fight it

Sure....I have provided a sample letter for you below:

I’m writing you in hopes we can resolve the issue of accessing our property through yours as we have done since ____. We think an amicable resolution works to the benefit of both of us as an easement would not only identify the specific route identified for the easement, but would also allocate specifically our respective duties with regard to the easement, such as costs of maintenance. We recognize that this easement is an encumbrance on your property and are willing to pay a reasonable price for an easement agreement in an effort to resolve this as efficiently as possible. Given our long term usage of this route for access to our property and the fact that we are otherwise landlocked, we are confident we would prevail in a judicial action for an access easement, but we don’t think it in the best interest of either of us to incur the time and expense of pursuing solution through the court system. Rather, we consider a friendly resolution the best alternative because it would: i) preserve our relationship as neighboring owners, ii) allow us to negotiate fair and equitable terms of a specific easement agreement rather than having a court set the terms independently; and iii) allow both of us to avoid the monetary and emotional costs of litigation. We are hopeful you agree with our assessment and that we can work together to come to terms on easement agreement acceptable to both parties We look forward to hearing from you at your earliest convenience.

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Customer reply replied 12 months ago
OK Richard

My pleasureto help. It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: www.justanswer.com/law/expert-legalbeacon/ . Or, simply request “Richard only” in the first line of your question.

Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 57,229
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time!

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