Do I have to get permission form an easement holder to add another easement that will cross their easment?

The current easment holder is a utility and I want to add an easment to a run storm sewer that will cross thier easment. Do they have to sign off before that easement can be added?

Asked on June 1, 2012 under Real Estate Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It depends on exactly what rights the utility has through their easement: if they only have the rights to access that area and run their lines, but no right to control or restrict other uses, then so long as you do  not infringe on their rights (or damage or endanger their equipment) you should be able to do this. The key is to not infringe on whatever rights are granted them through the easement.

It would be best to have a real estate attorney review the easement with you, to see the different parties' respective rights and obligations.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.