Can the municipality/town perform construction along the property line without expressed permission from the homeowners?

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Can the municipality/town perform construction along the property line without expressed permission from the homeowners?

The 2 lots in question back up to wetlands and there’s an existing “overland flow path” down the property line leading into the wetlands. 2 years ago the village regrades the path with the permission of the homeowners. This year, the village wants to perform additional regrading work and curb removal/sidewalk lowering along the property line. This will negatively affect the appearance of the two properties and disrupt the uniform look of the curb and sidewalk. There’s a combined 10 ft wide “easement” indicated on plat of survey. Is there a way to stop the village from performing this work?

Asked on October 18, 2011 under Real Estate Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your property is "burdened" by an easement in favor of the municipality you need to carefully read the easement of record in that its language determines the scope of the easement and what the easement owner can do with respect to your land. An easement is a non-possessory right to use another person's land.

If the municipality is exceeding the scope of its easement over your parcel, you can possibly halt what it wants to do. Easement issues are complicated matters. As such, it is always best to consult with an attorney experienced in this area of the law in order to get a more definitive answer to your questions.

Good luck.


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