How do I resolve an easement or boundary dispute in Illinois?

1. Easement Types

Illinois recognizes express easements (written, recorded under 765 ILCS 5/28), easements by necessity, implied easements from prior use, prescriptive easements, and easements by estoppel.

2. Adverse Possession Elements

735 ILCS 5/13-101 (general 20-year statute): hostile or adverse, actual, visible, notorious, exclusive, continuous, under claim of ownership.

735 ILCS 5/13-109: 7 years with color of title PLUS payment of all taxes during the period (vacant land).

735 ILCS 5/13-110: 7 years with color of title PLUS possession PLUS taxes paid.

3. Prescriptive Easement

20-year period; same elements as adverse possession but for use (Light v. Steward, 471 N.E.2d 217). Tax payment NOT required for prescriptive easement.

4. Quiet Title Action

Equitable action in circuit court; statutory authority in 735 ILCS 5/13-101 framework and common law equity. Pleadings must allege plaintiff's title and identify the cloud.

5. Boundary Disputes

Illinois recognizes boundary by agreement (uncertain line + agreement) and boundary by acquiescence (recognition of line for 20 years). Licensed PLS survey essential.

6. Encroachment Remedies

Courts may grant mandatory injunction or damages. Relative hardship balancing applied for innocent minor encroachments (Pradelt v. Lewis, 297 Ill. 374; modernized in later cases).

7. Express Easement Termination

Release, merger, abandonment (nonuse + clear intent), expiration, end of necessity.

8. Marketable Title

Illinois Marketable Title Act, 735 ILCS 5/13-118 to 5/13-121: extinguishes interests older than 40 years from root of title unless preserved by recorded notice.

9. Litigation / Mediation

Circuit court for quiet title. Mandatory arbitration applies to claims under $50,000 in many counties (Sup. Ct. Rule 86 et seq.).

This is legal information, not legal advice.