Declarations, Covenants and Easements in Illinois

Commercial Real Estate Attorneys Protecting the Rights of Clients

The experienced lawyers at Sosin, Arnold & Schoenbeck Ltd. adeptly handle all types of easements and restrictive covenants for commercial property owners and real estate developers. We realize that the use of such agreements is often critical to the efficient operation of a commercial property, and we work hard to develop terms and provisions that fully protect our clients' interests.

At our law firm, our attorneys have more than 100 years of combined legal experience in practice areas directly related to commercial real estate concerns, land use and zoning, and business matters. With our background and skills, we recognize the importance of developing long-term working relationships with our clients, getting to know them and understanding their values, goals, and business objectives. We offer more than just legal representation; we provide sound advice regarding many aspects of your company's operation.

Using Easements to Your Advantage

An easement, in most cases, is a non-possessory right to use another party's property for a clearly defined purpose that does not interfere with the owner's right to use the same property. Easements may be contained in the deed of conveyance for the property itself, or they may be separate agreements. There are several different types of easements, including:

• Affirmative easements, which are the most common and give a property owner the right to do something, such as cross another party's property;
• Negative easements, which are used to prevent a property owner from doing something, such as building a structure that would block natural light or a view that is used as a commercial selling point;
• Reciprocal easement agreements, which are often used in situations such as integrated shopping centers when multiple entities maintain ownership of the property or when several adjacent properties share a common driveway or parking lot;
• Utility easements, which provide power, gas, and other utility companies the right lay lines on a particular property; and
• Many more.

Whether you need an easement or wish to challenge an existing easement on your property, we are prepared to provide the assistance you need.

Restrictive Covenants and Declarations

In addition to easements, the lawyers at Sosin, Arnold & Schoenbeck Ltd. are also experienced in developing restrictive covenants. Restrictive covenants can be similar to easements, to an extent, but they typically apply to the actions of a property owner rather than to the property itself. A restrictive covenant may be used to specify, for example, whether or not a particular property may be subdivided or developed.

Our firm provides guidance for the creation of declarations that can be used to specify or waive certain rights. A properly drafted declaration is important so that all parties clearly understand their rights and responsibilities, as well as any notable restrictions.

Drafting the terms of an effective easement, restrictive covenant, or declaration can be complicated, but the team at Sosin, Arnold & Schoenbeck Ltd. is equipped to help you find a favorable solution. Contact our office at 708-448-8141 to learn more about how we can assist you.