Understanding Utility Easements in Lake County, Illinois: What Homeowners Need to Know

by Dick Barr, CRS

Property ownership in Lake County comes with many rights, privileges, and responsibilities. One of the most misunderstood aspects of homeownership—especially for new buyers—is the concept of utility easements. These easements appear on most residential lots throughout Lake County and across Illinois, yet many homeowners don’t fully understand their purpose or the limitations they create.

Whether you're buying, selling, or simply improving your home, knowing how utility easements work can save you time, frustration, and even legal trouble. This guide breaks down what easements are, why they exist, what utility companies are allowed to do, and why you should never build permanent structures on them.


What Is a Utility Easement?

A utility easement is a legally-established right that allows a utility provider—such as the electric company, water district, cable provider, or gas company—to access a specific portion of your property for the installation, maintenance, repair, and replacement of utility infrastructure.

These easements are typically recorded on:

  • Your plat of survey

  • Your property title

  • Subdivision plats filed with Lake County

  • Local municipal engineering documents

In most cases, the easement is located along:

  • Rear lot lines

  • Side lot lines

  • Front yard near the street

  • Utility corridors that connect multiple lots

Although the land is legally yours, the easement grants shared rights to the utility provider for specific purposes.


Why Utility Easements Exist

Utility easements are essential for allowing public and private utility companies to:

  • Deliver electricity, gas, and water

  • Install and maintain sewer and stormwater systems

  • Provide communications services (phone, internet, cable)

  • Protect infrastructure that serves the entire community

Without easements, every maintenance or repair event would require negotiating individual access with hundreds of homeowners—something that would delay service, increase costs, and introduce safety hazards.

In short, easements are a foundational part of a functioning modern community.


What Utility Providers Are Allowed to Do

In Lake County, an easement grants utility providers certain rights to access and work on the easement area. These rights may include:

1. Entering Your Property Without Prior Notice

Utility companies often have legal authority to enter an easement at any time to:

  • Inspect equipment

  • Perform repairs

  • Upgrade infrastructure

  • Install new lines or cables

While many companies provide courtesy notices, they are not always required to do so.

2. Removing Obstacles or Vegetation

If a tree, fence, or landscaping obstructs access to utility lines, the provider may legally:

  • Trim or remove vegetation

  • Remove obstructions

  • Clear the easement area to complete their work

They do not need permission, though they generally take reasonable steps to minimize damage.

3. Excavating or Digging

For underground utilities, companies may need to:

  • Dig trenches

  • Replace damaged lines

  • Install new pipes or cables

Once work is complete, they must restore the area to a reasonable condition, but not necessarily to its prior aesthetic condition.

4. Using Large Equipment

If repairs require trucks or machinery, utilities may:

  • Bring vehicles onto your property

  • Use equipment required to safely access the infrastructure


What Happens if You Deny Access

Legally, you cannot deny a utility provider access to a valid, recorded easement. Attempting to block access can lead to:

1. Legal Action Against You

Providers can obtain a court order to enter the property, and the costs may be charged to the homeowner.

2. Forced Removal of Obstructions

If you refuse access or repeatedly block utility workers, the utility may:

  • Cut locks

  • Dismantle fences

  • Remove landscaping

  • Remove structures

at your expense.

3. Liability Exposure

If your refusal delays emergency repairs—for example, a gas leak, electrical hazard, or water main issue—you may potentially face liability for resulting damages or safety risks.

It is both safer and legally required to allow access.


Why You Should Never Build Permanent Structures on an Easement

Many homeowners don’t realize their backyard shed, deck, patio, fence, or retaining wall is sitting on an easement—until it’s too late.

Permitted vs. Not Permitted

Typically not permitted on easements:

  • Sheds

  • Decks

  • Detached garages

  • Retaining walls

  • Permanent patios

  • Pools

  • Room additions

Generally permitted on some easements:

  • Grass

  • Landscaping (non-structural)

  • Decorative shrubs (not large trees)

  • Fencing (depending on local rules, but can still be removed)

What can happen if you build on an easement?

  1. The structure may be removed without compensation
    If utilities need to access the area, they may legally remove or demolish any structure in their way.

  2. You may be responsible for removal costs
    If the structure interferes with infrastructure, you—not the utility company—must pay for removal.

  3. Insurance won’t cover the loss
    Because easement violations break zoning and title rules, homeowners insurance typically will not cover removal or damage.

  4. It can delay or derail a home sale
    Buyers, inspectors, and attorneys often flag improperly placed structures, requiring costly fixes before closing.


Benefits of Utility Easements to the Community

While utility easements restrict what homeowners can build in certain areas, they come with significant community-wide benefits:

1. Reliable Access to Essential Services

Easements ensure that electric, gas, water, sewer, and communication systems remain accessible, safe, and functional.

2. Faster Emergency Response

Utility crews can quickly reach problem areas in:

  • Power outages

  • Water breaks

  • Gas leaks

  • Storm damage situations

Access saves time—and sometimes lives.

3. Lower Utility Costs for Everyone

When maintenance is efficient, providers can keep rates lower. Complex access situations increase operating costs, which eventually raise consumer utility rates.

4. Safer Infrastructure

Accessible easements reduce the risk of:

  • Damaged power lines

  • Sewer backups

  • Flooding from blocked drainage

  • Fire hazards from inaccessible gas lines

5. Community Resilience

Lake County frequently experiences:

  • Heavy storms

  • Severe winter conditions

  • Flooding in certain areas

Easements allow quicker repairs and greater reliability during severe weather events.


Final Thoughts: Understanding Your Easements Protects Your Property

Utility easements in Lake County may seem like an inconvenience, but they are essential to safe, efficient, and reliable community infrastructure. Knowing where your easements are and understanding what they allow can:

  • Prevent costly mistakes

  • Avoid legal issues

  • Protect your investment

  • Keep services running smoothly

Before building, planting, or fencing, always review your survey and consult your local municipality or a qualified real estate professional.

Dick Barr, CRS

Dick Barr, CRS

Managing Broker | License ID: 471.011187

+1(847) 644-1154

GET MORE INFORMATION

Name
Phone*
Message