If you have recently purchased an acreage in Illinois, and a neighbor has an access road across the property, you may wonder if you have to allow him to keep his driveway in place. This is the time to review the title and survey and find out what they say about the easement.
SFGate.com explains that the easement on your property could be terminated if your neighbor agrees to release interest in it. If the neighbor’s property is surrounded on all sides with no means of access, this is not likely. However, if he has another means of access, a simple discussion may be all it takes to reach that agreement. A verbal agreement alone is not enough, though. A quitclaim deed must be filed, with you as the grantee, to do the trick. The easement is not eliminated from the legal records until the deed has been recorded with the county.
Even if your neighbor wants to keep the easement, you may be able to cancel the agreement under certain circumstances. Requirements for use may include maintenance of the driveway, for example, so you may have the right to terminate the easement. Still, he has the right to reasonable use of the easement, and a judge may not agree with you about what actions may constitute reasonableness.
You could also get rid of it by purchasing his property, which dissolves the recorded easement. This tactic is called termination by merger.
The information contained here is provided to give you a general overview of easements, but it is for educational purposes only. It should not be interpreted as legal advice.
