Easement laws

[csporluck]

My father owns a couple of acres in Northern Illinois. His house is located on it as well. One corner of the property has seen the local road/street extend onto his property, even intruding beyond the easement. Over the years the county has just continued to pave where people drive, and the shoulder. He and I took a look and noticed that the township has gone beyond the point where city/state ordinance authorize public usage. In fact, if he places a stake showing the southeastern of his property it would be about 1/3 the way into the road. What happened is people continued to cut the corner more and more over the 20+ years, with the road commissioner paving where people drive.

What type of recourse does my father have regarding this intrusion? As I said, it's beyond the Lawful expansion of the road into the Easement. This can be chalked up to ignorance, and I admit on both sides (gov't and my dad). But this could be an issue down the road when the property goes up for sale.

Thanks....

 

[seniorjudge]

My father owns a couple of acres in Northern Illinois. His house is located on it as well. One corner of the property has seen the local road/street extend onto his property, even intruding beyond the easement. Over the years the county has just continued to pave where people drive, and the shoulder. He and I took a look and noticed that the township has gone beyond the point where city/state ordinance authorize public usage. In fact, if he places a stake showing the southeastern of his property it would be about 1/3 the way into the road. What happened is people continued to cut the corner more and more over the 20+ years, with the road commissioner paving where people drive.

What type of recourse does my father have regarding this intrusion? As I said, it's beyond the Lawful expansion of the road into the Easement. This can be chalked up to ignorance, and I admit on both sides (gov't and my dad). But this could be an issue down the road when the property goes up for sale.

Thanks....

This is called overburdening the easement.

Talk to whoever is doing it and tell them to stop.

If that does not work, then you need to get a lawyer involved.

 

[HomeGuru]

My father owns a couple of acres in Northern Illinois. His house is located on it as well. One corner of the property has seen the local road/street extend onto his property, even intruding beyond the easement. Over the years the county has just continued to pave where people drive, and the shoulder. He and I took a look and noticed that the township has gone beyond the point where city/state ordinance authorize public usage. In fact, if he places a stake showing the southeastern of his property it would be about 1/3 the way into the road. What happened is people continued to cut the corner more and more over the 20+ years, with the road commissioner paving where people drive.

What type of recourse does my father have regarding this intrusion? As I said, it's beyond the Lawful expansion of the road into the Easement. This can be chalked up to ignorance, and I admit on both sides (gov't and my dad). But this could be an issue down the road when the property goes up for sale.

Thanks....

**A: the county may end up owning that portion of the encroached property.