An easement is the right to use the land of another for a specific purpose. An easement can exist in any portion of the real estate and can be made by agreement at any time, created by the seller when property is conveyed, or by operation of law. The creation of an easement always involves two separate parties, one of whom is the owner of the land over which the easement runs. Easements can be broken down into two categories: easements appurtenant and easements in gross.

An easement is recorded just like any other property interest in Illinois. This means that an easement deed should be signed and acknowledged by the grantor. If acknowledged in Illinois, acknowledgments can be made before a notary public, United States commissioner, county clerk, or any court, judge, clerk, or deputy clerk of such court. If acknowledgments are taken before a notary public or United States commissioner, the acknowledgment should be attested by his or her official seal. Acknowledgements taken before a judge or clerk of court should be attested by the seal of such court (765 ILCS 5/20). Easement deeds acknowledged outside of Illinois must still comply with the Illinois recording requirements and can be acknowledged before any of the officers listed in 765, 5/20 of the Illinois Compiled Statutes.

Easement deeds can be recorded in the county where the property is located (765 ILCS 5/28). All easement deeds that are authorized to be recorded will take effect and be in force from and after the time the deed is filed for record with the county recorder, and not before, as to all creditors and subsequent purchasers without notice. All such deeds will be void as to all such creditors and subsequent purchasers without notice until they are filed for record (765 ILCS 5/30).

(Illinois Easement Deed Package includes form, guidelines, and completed example)

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Easement Deed

Terminate an easement that is no longer needed
Allow access to a shared well, pond, or water source
Create a right of way for pedestrian or vehicle access
End a right of way that has been abandoned or replaced
Grant a utility company the right to install lines across your land
Allow a neighbor to use a portion of your land for parking

Compare other Illinois deed forms and documents

Quitclaim Deed Gift Deed Correction Deed Warranty Deed Special Warranty Deed Grant Deed Termination, Cancellation of Easement / Right of Way Mineral Deed Mineral Deed with Quitclaim Covenants Special Power of Attorney for the Purchase of Property Special Power of Attorney for the Sale of Property Statutory Short Form Power of Attorney for Property Mortgage Secured by Promissory Note Release of Mortgage Contract for Deed Memorandum of an Installment Sales Contract Full Release of Memorandum of an Installment Sales Contract Deceased Joint Tenant Affidavit Transfer on Death Instrument Transfer on Death Revocation Notice of Death Affidavit and Acceptance Trustee Deed Executor Deed Administrator Deed Contractor 60-Day Residential Notice Mechanics Lien Mechanics Lien Subcontractor Mechanics Lien Preliminary 60 Day Notice Mechanics Lien Preliminary 90 Day Notice Waiver of Lien to Date Unconditional Waiver and Release of Mechanic Lien Subcontractor Final Waiver and Release of Lien Disclaimer of Interest Lis Pendens Lis Pendens Release Certificate of Trust

Important: County-Specific Forms

Our easement deed forms are specifically formatted for each county in Illinois.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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