Private Road Easement

This is a discussion on Private Road Easement within the Real Estate and Property Law Questions forums, part of the Legal Questions & Answers Forum category; Hi, I new to the forum. State of Illinois I am the owner of property that allows a private road easement across the north side of my property. I do ...

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  1. #1
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    Private Road Easement

    Hi, I new to the forum.
    State of Illinois

    I am the owner of property that allows a private road easement across the north side of my property. I do not use the road to access my property. The road has greatly deteriorated to the point that the city is now fining me for not meeting city code.

    When the easement was granted from the person I bought the home from. There was a declaration attached to all the homes built that use the road, there was to be a homeowners association to maintain the road. The declaration excluded my property from the maintenance, it specifies lots 2-7, I am lot 1. The homeowners association was never formed as required by the city and county.

    Well the road is in poor shape, the owners have tried to dedicate their road to the city, the city wants the road brought to code before they would consider taking on the road. The owners have to varing degrees repaired their respective portions of the road to avoid fines from the city. They are not willing to repair my section.

    The city wants me to give the city my portion, they will not do eminate domain, I am to give it to them!

    Of course this is at a very hard time in my life, going through divorce, trying to maintain ownership of my home. I do not at this time have sole ownership, property is still being settled in divorce. The city did not even fine my husband, all tickets are to me solely.

    I have hired a lawyer, but either I'm really dense or just too poor, for this seems to NOT have a good ending.

    Any advice would be greatly appreciated


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    If you have hired a lawyer, he should be helping you with this situation. Any feedback provided here is likely to be inferior to the specific legal advice your lawyer can provide you with.
    Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute Legal Advice. No attorney-client relationship is established through this forum.

  3. #3
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    Well I don't know if that's the case. Originally I was told he could get the road closed down. Now it sounds as if he feels I should just give the road to the city. He agrees I'm being bullied by the city, but I guess $$$ is the bigger issue!

    Thank you for your reply.


 

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