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easement and right to subdivide

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Old 08-05-2007, 10:45 PM     #1
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Exclamation easement and right to subdivide

We have an easement for ingress and egress to our property- 12 acres. We now want to sell and have been told we can subdivide the property and sell the house and some ground, and then bare ground seperately. We were told all we had to do was grant ourselves an easement. The neighbors are saying we can't do this. Their lawyer says one thing, ours says another. Any advice for Illinois? The land division would be for single family use which would not pose any damage to the drive. The other neighbors that also have easement- opened up home run businesses, running heavy equipment in and out, and one set up seperate residential living with a new tenant.
Also we own ground that was mutually used with the neighbor in the past for an airstrip. After we quit flying, we put up private property signs and no longer allowed the new owners the right to use the airstrip. They have no easement and cannot prove adverse possession. They registered our ground in the original app with the FAA. The new owners found out we want to sell, so have been trespassing and causing vandalism by removing our no trespassing signs. They began mowing the end of the airstrip (our ground) probably trying to get possession. Any thoughts?
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Old 08-07-2007, 07:36 PM     #2
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Default Re: easement and right to subdivide

That really depends on what your deeds say etc., but a title company should be able to give you a firm opinion as well; or if nobody can agree, a court will decide.
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