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Can a deeded easement to a sewage lagoon that has been used for over 30 years be taken without compensation by anyone

Cobden, IL |

5 homes connected to a large sewage lagoon, all on the properties deeds. Person 1 pulls their pipe, puts in a septic, then says it's a pond. They report person 5 to the health dept for discharging sewage into a fresh water system. Health dept made me remove my drain and put in septic. Deed says lagoon, abstract says lagoon even on 1's house back over 30. Then person 1 buys 2-4 over the next 4 years, while their brother lived in 2 using the lagoon. Now there's no pipes into the lagoon, and 1-4 is said to have pond on the deeds. Taking mine lowered my property value, and increased theirs by being a pond. How can they do this legally? I have a 30 ft easement for ingress, egress, and utilities. They put a mobile home on my water lines, and fence posts up the drive 7.5 ft from center, say it's

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Attorney answers 2


The law will not enforce an illegal contract or agreement. If the pumping of sewage into the lagoon is against the law, then the easement cannot be enforced and you did not lose a compensable "right".

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.


You will need to have an attorney review the facts in your particular case. If you have a deeded right you may go to court and enforce your rights , however if the right you are granted is against public policy, such as dumping raw sewage your utility easement may have to conform to current standards.
Good Luck

If this answer was helpful, please mark as helpful below. Please be sure to indicate the best answer Only If and until you and I sign an Agreement for Legal Services, I am not your attorney. These answers are provided for informational and/or novelty purposes

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