Refused Permission to Build on an Easement

My question involves civil rights in the State of: Illinois
Hello All,
I have a drainnage easement on my property, the city allowed a design that is way unsafe. all the garbage including hurtful material is ending up in my property which brings up the potential of getting hurt, cut, infected, bit, etc... not only this, but it seems like I cant fence either, if right now as i am typing this message somebody gets in trouble or hurt on my property I am liable for it.
The easement wording is very ambigious, it tells me I cant build anything but then it implies that I can as long as I do not interfere with the purpose of the easement, so I proposed a safe design to the city that has not been looked at and it is constantly getting rejected.

Isnt the city violating my civil rights by allowing an unsafe design on my property? Safety is one of the purposes for the city drainage code by the way

Isnt the city violating my consistutional right for my persuit of happiness, protecting myself and seeking my and family's well being by preventing me to fence my property. If something happens on my property while it is open to every one it will turn our lives to hell. I cant fence but I am liable, does this make sense?

If the easement is a utility easement, dont utility companies have rights to remove any thing in their way to do their Job why is the city preventing me from pursuing my civil rights. any utility company can make a hole in my fense finish there work as they want and put my fense back together.
Can you please advise?
I dont have money to hire a lawyer but was thinking of taking the city to court on my own or with a lawyer who wouldnt charge me unless we win and can accept payments, but this is hard to find
Thanks for the help

This isn't a civil rights issue. Your attempt to chase that avenue is just going to end up with frustration. You also seem to be immensely confused as to the difference between the dominant and servient tenant. Your best bet is to get a proper land use attorney involved in coming up with a solution.

Thanks for the reply,
I am actually confused since I am not sure whats meant by dominant and servient tenant. My approach towards this issue as a civil case was based on my civil rights that are being violated. If I want to file a case against the city which type would it be if civil is not the right one? Thanks for the help

You are the servient tenant, i.e., you hold the property that the easement is on. The dominant tenant is the one who has rights to the easement.

Just because you've lost some property doesn't mean you have a civil rights issue. You keep saying that but there's no justification for it.

Quote:

---

Quoting Wassim99

---

The easement wording is very ambigious, it says "no structures can be built on this easement; but the same might be used for purposed that do not then or later interfere in the purpose of the easement"

---

How is that ambiguous?

Quote:

---

Quoting Wassim99

---

So I take it that I cant build anything...

---

Clear as a bell.

Quote:

---

Quoting Wassim99

---

....but then it implies that I can as long as I do not interfere with the purpose of the easement...

---

Nope. You want to put down a picnic blanket and eat a picnic on the easement, that's going to be consistent with the latter clause. You want to maintain grass over that area? Once again. But as you've already noted, the easement clearly and unambiguously forbids the erection of structures.

Quote:

---

Quoting Wassim99

---

Isnt the city violating my civil rights by allowing an unsafe design on my property?

---

I can't see the easement or drainage area from where I'm sitting, so I cannot comment on its safety. But no, the unsafe design of a drainage ditch does not automatically translate into a "civil rights violation".

Quote:

---

Quoting Wassim99

---

Safety is one of the purposes for the city drainage code which is not being followed here, so it seems like the easement is in violation of the city code.

---

The code has specific provisions. If you can direct the city's attention to a specific provision that it is violating, you would stand a much better chance of having them fix it than if you speak in nebulous terms about safety without being able to identify any actual code violation.

Quote:

---

Quoting Wassim99

---

Isnt the city violating my consistutional rights for my persuit of happiness, protecting myself and seeking my and my family's well being by preventing me to fence my property.

---

You have no constitutional right to a fence.

Quote:

---

Quoting Wassim99

---

If something happens on my property while it is open to every one it will turn our lives to hell. I cant fence but I am liable, does this make sense?

---

Either the easement was in place when you purchased the land, or you were compensated for the taking when the easement was created. If you are concerned about liability, talk to your insurance agent and make sure you have adequate coverage.

Quote:

---

Quoting Wassim99

---

If the easement is a utility easement, dont utility companies have rights to remove any thing in their way to do their Job, in such easements, why is the city involved and acting like this, preventing me from pursuing my civil rights.

---

I have no idea what point you are trying to make. If you are asking whether the owner of the easement can remove structures you place on the easement in order to use and/or maintain the easement, yes - you have told us that the easement explicitly forbids structures.

Quote:

---

Quoting Wassim99

---

Any utility company can make a hole in my fense finish there work as they want and put my fense back together.

---

Again, I have no idea what point you are trying to make; that sentence doesn't appear to make sense.

How about posting a link to a picture?

You have no constitutional right to a fence.[/QUOTE]
I wasnt referring to the fense, by preventing me from fencing they could cause me trouble later if anything happens. its my consitiutional right to pursue happiness and protect my family and not having a fense makes my house accessable by anybody and I will be subject to wasting my time in courts runnign against someone who sues me for falling in the easement area, or cutting himself with what the drainange brings in.
Speaking of cuts falls and infections too, thats where the safety aspect comes in. it is an open drainange, Would it be possible to attach a picture on my desktop here, or does it have to be on an online server to be able to share it.
Even though you explained how you see the second portion of the statement, I still see the ambigutiy in using the word same. this is a legal document and it should be as clear as possible I assume, not lead to assumptions. from your career and what you have seen you automatically know that it meant what you mentioned but no one else was able to conclude the same result.


How about posting a link to a picture?[/QUOTE]

Please provide me with a way to show you the picture if it doesnt show up here.
I am an engineer myself and I can tell you that safety of the residents in this design, which I hope is visible, was not accounted for. My design never obstruct the functions of the easement and it makes it safe and I hope you can see it too.
http://www.flickr.com/photos/20285355@N08/
As you see it is an open area and everything comes out of the inlet. As I was maintaining it one day I saw a syringe, god knows what it has been used for and what serious infections it has, broken glass, ripped aluminum beer cans, insects and animals like snakes...etc. and these cause a threat to residents' health, safety and well being which is another constitutional right for residents and me and my family as owners of this house now in particular.
Thank alot for your input and help, I am gettign to understand the system more and more from research and the help I get from you and others.
thanks

Quote:

---

"no structures can be built on this easement;

---

You understand that first part, correct?

Quote:

---

but the same might be used for purposed that do not then or later interfere in the purpose of the easement"

---

It appears you are misunderstanding what they are referring to with the term "the same". Replace that with "the easement"

but [the easement] might be used for purposes that to do not then or later interfere in the purpose of the easement.


So, they are two separate statements addressing two different issues concerning the easement; The first one references building within the easement. The second one references how you can use the easement.

In your picture you mark a section: inlet and a section; outlet. Does the drain water run from the outlet to the inlet across your yard?

Quote:

---

Any utility company can make a hole in my fense finish there work as they want and put my fense back together.

---

You might get away with a fence until access to the easement is needed. Then, they will likely remove your fence, without any regard to prevent damage, and when they are finished, leave it lay on your yard. They will not re-install your fence because you do not have a legal right to have a fence on the easement.

Would you be willing to pay for a different style of drain to be installed? Most municipalities don't accept such offers but if you are willing, I would at least give it a shot. If the open area is intended to allow water from your yard to run into the drain, there is a type of drain that would be installed that would still allow that yet enclose the drain for your purposes.

Quote:

---

Quoting jk

---

You understand that first part, correct?



It appears you are misunderstanding what they are referring to with the term "the same". Replace that with "the easement"

but [the easement] might be used for purposes that to do not then or later interfere in the purpose of the easement.


So, they are two separate statements addressing two different issues concerning the easement; The first one references building within the easement. The second one references how you can use the easement.


In your picture you mark a section: inlet and a section; outlet. Does the drain water run from the outlet to the inlet across your yard?

[/COLOR]You might get away with a fence until access to the easement is needed. Then, they will likely remove your fence, without any regard to prevent damage, and when they are finished, leave it lay on your yard. They will not re-install your fence because you do not have a legal right to have a fence on the easement.

Would you be willing to pay for a different style of drain to be installed? Most municipalities don't accept such offers but if you are willing, I would at least give it a shot. If the open area is intended to allow water from your yard to run into the drain, there is a type of drain that would be installed that would still allow that yet enclose the drain for your purposes.

---

Yes, I get the no construction part, butThe use of a semi colon made it sound ambiguous to me, I even got the city to admit that the wording is ambigous, in a written e mail. and they tried to defend themselves by using common law. They told me that language like this is commonly used for the purpose you just explained, but I am having hard time believeing that the law protects poorly written legal contracts and documents.
thats correct from the inlet it goes out loose spreading all over my backyard and I did collect syringes and broken bottles and cans from the drainage and from my property. The water sits in my back yard for days sometimes, depends on the amount of water coming in at a hight of a minimum a foot. any kid could drown in there. they gave the permit to the contractor to build the house how would they let this risky design be set. Safety is my first concern since I have a 2 year old daughter, but generaly speaking this is not for the well being of any resident in the area.

They are not giving me a permit to built a fence either, and their response was that they dont want other residents to pursue or even think that they can get something built like what I am doing. As you see my design will never conflict with the purpose of the easement if anything it will make it safer. I am ok with utility companies pulling out my fence and laying it on the ground I can reput it up since I was planning to put up the stud fence which allows them to take couple studs to access the lands and i can put them back in. but the city is not giving anything, no consideration for the danger they created by allowing such design or a building close by

I proposed piping to huge pipes and I can cover it with soil and regrass everything again, but they told me they cant, again go figure, because it is designed to be a retention pond for storm water to collect before despense. and even with all the answers they are providing me with I still cant see how my design conflicts with any purpose for the easement in general and I am having hard time seeing how from a legal perspective they are the ones being protected for their lack of consideration and accuracy in documentation and not us the residents who will suffer the consequences.

Why don't you offer to pay for the installation of underground drainage, from its logical aesthetic origin, to its logical conclusion?

My question involves public health law in the State of: Illinois
Hello all,
I see a public safety issue in an easement on my property. I have posted my concern in the easement forums, but it seems like what's documented in the easement becomes like the bible, legally, regardless of the safety threats it has in violating the city code purpose that states the safety and well being of residents as a purpose of the code.
I have a link to pictures at the button that can give a more clear idea of the issue.
I have a drainage/ storm water retention pond easement on my property which seems to be a utility easement also. The easement states no permenant structures or trees can be built on the easement; but the same maybe used for purposes that do not now or later interfere in the purposes of the easement. There is a part in the provision that says no fences are allowed also.

My concern is as follow: from the link below you can see that the drainage and the retention design does not filter the storm water that comes into my land, so on several occasions I have collected broken glass, beer cans, syringes not only this but the water have gotten to heights of 2 ft for hours before it drained out. All these things pose a safety threat to my daughter and the neighbors since anyone can get serious infections, diseases from these hurtful items. Not only this but the water collected becomes the breading area for Mosquitos and other insects and animals that can cause some diseases also. I have seen little snakes. The house was built in 2004 and the village gave the permits to the contractors to build it. I see the village being very responsible about making sure that the contractor builds according to code and designs the retention pond and the drainage in a way that does not cause a threat to us, residents. Not only this, but with the no fencing statement I see this as another safety threat since my property open to everyone and anyone,including criminals can be one inch away from my door and eventually can break in and cause some hurt to my family and I. Not only this but with a design like this with no fencing, anyone can drown or get hurt on my land and I will be liable for it. I have communicated with the village over the last several months and they seem to acknowledge the ambiguity in the language of the easement as well as the safety threat it poses, their responses are documented in e mails. The villages resolution was to build a fence outside the boundaries of the easement which means that I will be giving away about 75% or even more of my back yard. I would like to sue them for breaking the village code that specifically refers to the public safety and well being and potentially revoke the easement since I proposed a design that will never alter the purpose of the easement but it will make it more safe, my design was constantly getting denied. I feel that who ever is in charge is either incompetent or doesn't want to do his/her job and I can't have my kid or the neighbors or anyone else pay for this. I do believe in the "we the people" portion of the constitution and it seems like the village believes in the "my pocket" portion of their work.

I am an engineer, and I proposed that the path to be messed with a garbage collector in the middle of it that I will maintain. That way the garbage is contained and is not all over the land posing the threat it does. Not only this but the deck you see in my drawing is to bring the mental peace and health to us from the disgusting view this design brings. Off course that does not solve the problem of insects and animals getting fed and building their habitat on a land that has water, but my first thought was that I can come up with something down the road if this gets approved, but the fact the that village didn't approve anything I thought that this is bigger than what I, myself, want for my family, it is something that the village should be held responsible for in the court of law so they don't allow such things in other areas as well. I have a lot more information and documents that supports my pursuits but need the advise and the lawyer to hold them up for their mistakes. We elect the officials trusting that they will hire competent people that will care about "us the people" but iris not true in this case.
Do you have any advise or thought about this matter. Please take a look at the pictures in the link provided and let me know your thoughts keeping in mind that the village is not cooperating at all.

Thanks a lot for all your help

http://www.flickr.com/photos/20285355@N08/