My question involves real estate located in the State of: Illinois
Can public walk over a Public Utility/Drainage easement to access a pond that backs my house and several houses?
I live in a HOA community with Public Utility and Drainage easements between houses. Can anyone use these easements to access the rainwater detention pond as there is no designated paved pathway? What is the difference between Public Utility/Drainage and Right-of-Way easements? Neighbors said that anyone can access the pond which is public property as long as they stay on these Public Utility/Drainage easements and property owners cannot do anything about it. HOA documents states that Common Area may include any stormwater management facility but also noted that "The designation of any land and/or improvements as Common Area shall not mean or imply that the public at large acquires any easement of use or enjoyment therein."