Ownership Rights/Easement to use private driveway

4 Replies

Hey BP,

I have a parcel of land in a residential area of Illinois. The property has frontage along a busy road. There is also a private road that leads to the property from the back. I do not currently have rights to utilize the private road. The value add to the property would be to access the land and potential future home from the private road. Currently three homes utilize the private road. Does anyone have experience dealing with acquiring rights to utilize a private road? How would I go about finding out details of this ownership agreement between the property owners? My plan would be to approach each homeowner and work out a deal after doing some homework on the situation of course. Any help would be much appreciated.

Thank you.

@Joe Garb happy to help. As a starting kernel, there may be some recorded memorandum of this agreement by and between the benefited and burdened parcels that you can retrieve from the County Recorder's office and evaluate initially.  

I assume your deed makes no reference to an easement for access to the property?

Is all of the property accessible from the road frontage side?

The easiest thing to do is to reach out to the owner of that parcel, and simply ask for an easement to use that private road. They should be able to tell you the terms of the easement, assuming they set it up. They will probably ask for payment, and you'll have an attorney draw up an easement and file it with the County. 

Create Lasting Wealth Through Real Estate

Join the millions of people achieving financial freedom through the power of real estate investing

Start here