Easement in Illinois
State-specific overview · Property & Real Estate
Illinois requires easements to be in writing and recorded; prescriptive easements need twenty years of open, continuous use.
How Illinois treats Easement
Illinois law, codified in the Property Code, mandates that easements be evidenced by a written instrument and recorded in the county recorder's office to bind third parties. Prescriptive easements in Illinois require twenty years of open, notorious, continuous, and uninterrupted use, a longer period than many states. Illinois courts distinguish between easements appurtenant (running with the land) and easements in gross (personal to the holder), applying different rules to each. The state also recognizes easements by necessity for landlocked parcels when no other reasonable access exists.
The general definition of Easement
The right to use someone else's land for a specific purpose, like crossing it or running utilities.
An easement gives one person or entity the legal right to use another person's property in a limited way. For example, a utility company might have an easement to run electric lines under your yard, or a neighbor might have an easement to cross your land to reach their property. The property owner still owns the land but cannot prevent the easement holder from exercising their right.
Read the full Easement entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Illinois.