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  1. #11
    Join Date
    Oct 2016
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    2,878

    Default Re: Is a Public Utility or Drainage Easement Open for Public Use

    Quote Quoting TL7
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    These are clearly labeled public utility/drainage easements within my property boundary line on my property survey. Does my neighbors who are members of the HOA have rights to walk over these public utility/drainage easements?
    If your previous statements are a true representation of the wording of the easement, no they don't.

  2. #12
    Join Date
    Jan 2006
    Posts
    38,534

    Default Re: Is a Public Utility or Drainage Easement Open for Public Use

    Unless there is something in either the plat map, the deed specific to your property, or the cc&rs associated with your property, no, neither the general public nor the members of the HOA have any right to enter your property.

    The utility companies would have rights to use the easement as documented. Due to it being a drainage easement, that could entail a variety of issues (no altering the terrain, access by whatever entity deals with drainage, work pertaining to drainage). Other than those entities involved with either issue, nobody has a right to enter your property.


    Have you spoken with the HOA board? It would be best if they are onboard with this as more than likely those using the easements will go to them if you prevent their passage.

  3. #13
    Join Date
    Nov 2013
    Posts
    6,217

    Default Re: Is a Public Utility or Drainage Easement Open for Public Use

    Quote Quoting PayrolGuy
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    Only to you after the follow-up posts by the OP. You did read them didn't you.
    Only after my post did OP say they were platted easements.
    Quote Quoting PayrolGuy
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    If your previous statements are a true representation of the wording of the easement, no they don't.
    There is no wording of the easement. They are platted on OP's survey and therefore platted on the subdivision map.

  4. #14
    Join Date
    Jan 2006
    Posts
    38,534

    Default Re: Is a Public Utility or Drainage Easement Open for Public Use

    Quote Quoting budwad
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    There is no wording of the easement. They are platted on OP's survey and therefore platted on the subdivision map.
    actually, no, the op did not make such a statement and your conclusion would be incorrect, at least based solely on the information provided.

    They said the easements were on their survey. Where the description came from so the surveyor would know to include them on the ops survey has not been provided. While it’s a good guess they are platted easements, without such a statement we can’t know that for certain. They could also be granted via a deed easements. It’s unlikely but the op did not say anything that clarified from where the description of the easement comes from. Both platted esasements and deeded easements would be shown on a survey if the purchaser asked for easements to be drawn on the survey.

    This is the only post the op made after your inquisition


    These are clearly labeled public utility/drainage easements within my property boundary line on my property survey. Does my neighbors who are members of the HOA have rights to walk over these public utility/drainage easements?
    as I read the original post, and especially if one includes the info provided after I asked for clarification, it is clear the op is speaking of an easement upon their property. It was also clear the op has a utility and drainage easement. The question about the right of way was for their own edification so they understood the issue more clearly and to be able to know what the trespassers are saying is not true.

  5. #15
    Join Date
    May 2019
    Posts
    5

    Default Re: Is a Public Utility or Drainage Easement Open for Public Use

    I finally got a hold of our HOA property manager. These are platted easements and only accessible by public utility companies and HOA employees for maintenance and repair purposes. Although the rainwater retention pond is a common area, it is not meant to be a park for people to hang out (I hope this will not create another problem of people hanging out there and using it as a park!). Neighbors can still access pond if they wish but are not allowed to access through the PUEs between houses which is considered trespassing.

    Thank you for everyone's help.

  6. #16
    Join Date
    Nov 2013
    Posts
    6,217

    Default Re: Is a Public Utility or Drainage Easement Open for Public Use

    Quote Quoting jk
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    actually, no, the op did not make such a statement and your conclusion would be incorrect, at least based solely on the information provided.

    They said the easements were on their survey. Where the description came from so the surveyor would know to include them on the ops survey has not been provided.
    Actually, yes. OP lives in a HOA planned community. That means that there is a subdivision plat that would show all easements among other things.

    1.  (a) Except as otherwise provided in subparagraph (b) of this Section whenever the owner of land subdivides it into 2 or more parts, any of which is less than 5 acres, he must have it surveyed and a subdivision plat thereof made by an Illinois Registered Land Surveyor, which plat must particularly describe and set forth all public streets, alleys, ways for public service facilities, ways for utility services and community antenna television systems, parks, playgrounds, school grounds or other public grounds, and all the tracts, parcels, lots or blocks, and numbering all such lots, blocks or parcels by progressive numbers, giving their precise dimensions.  
    https://codes.findlaw.com/il/chapter...765-205-1.html


    "Plat" means a plat or plats of survey of the parcel and of all units in the common interest community, which may consist of a three-dimensional horizontal and vertical delineation of all such units, structures, easements, and common areas on the property.
    "
    Property" means all the land, property, and space comprising the parcel, all improvements and structures erected, constructed or contained therein or thereon, including any building and all easements, rights, and appurtenances belonging thereto, and all fixtures and equipment intended for the mutual use, benefit, or enjoyment of the members, under the authority or control of a common interest community association.
    http://www.ilga.gov/legislation/ilcs...SeqEnd=1850000


    The description of the easement came from the subdivision plat. The deeds to the parcels only have to reference the recorded plat. So OP's survey is just a portion of the subdivision plat. If your logic can't follow that then you are not very intuitive or you don't understand the laws since OP never said the easement had any granting language in their deed that would say what the easement could be used for and said that all the parcels around the retention pond had similar easements.

    So my assumption was spot on.

  7. #17
    Join Date
    Jan 2011
    Posts
    251

    Default Re: Is a Public Utility or Drainage Easement Open for Public Use

    Quote Quoting TL7
    View Post
    I finally got a hold of our HOA property manager. These are platted easements and only accessible by public utility companies and HOA employees for maintenance and repair purposes. Although the rainwater retention pond is a common area, it is not meant to be a park for people to hang out (I hope this will not create another problem of people hanging out there and using it as a park!). Neighbors can still access pond if they wish but are not allowed to access through the PUEs between houses which is considered trespassing.

    Thank you for everyone's help.
    If your HOA puts out a community newsletter perhaps it should an article in the next one reminding the homeowners that they are not allowed to access the pond through the public utility easements.

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