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Illinois Compiled Statutes

35 ILCS 200/22-70 (2026)

Easements and covenants running with the land

✓ current as of May 2026
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(35 ILCS 200/22-70)
    Sec. 22-70. Easements and covenants running with the land. A tax deed issued with respect to any property sold under this Code shall not extinguish or affect any conservation right, easement, covenant running with the land or right-of-way for water, sewer, electricity, gas, telephone or other public service use which was created, on or over that real property before the time that property was sold under this Code and which is evidenced either by a recorded instrument or by wires, poles, pipes, equipment or other public service facilities. When the property described in a tax deed issued under this Code is a dominant or a servient tenement with respect to any private easement or easements, created in good faith expressly or by operation of law for the benefit of a dominant tenement or tenements, with respect to the easement or easements the tax deed shall have the same effect as a deed of conveyance made by the owner of the property to the tax deed grantee, just prior to the issuance of the deed.
    This Section does not apply to tax deeds issued because the owner of any easement, covenant running with the land or right-of-way has failed to pay taxes or special assessments assessed for that easement, covenant running with the land or right-of-way.
(Source: P.A. 91-497, eff. 1-1-00.)

    
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2000–2025 · leading case: In Re Cnty. Treasurer, 869 N.E.2d 1065 (Ill. App. Ct. 2007).
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In Re Cnty. Treasurer, 869 N.E.2d 1065 (Ill. App. Ct. 2007). · cites it 9× “Section 22-70 states: "A tax deed issued with respect to any property sold under this Code shall not extinguish or affect any conservation right, easement, covenant running with the land or right-of-way for water, sewer, electricity, gas, telephone or other public service use…”
Alexander v. Phoenix Bond & Indem. Co., 149 F. Supp. 2d 989 (N.D. Ill. 2001). “35 ILCS 200/22-70 (West 2001). Under the rules of the auction, the auctioneer will not seek a lower bid.”
Malacoda LLC v. A Diamond Infra LLC, 2025 IL App (4th) 240968-U (Ill. App. Ct. 2025). · cites it 3× “In so alleging, plaintiff acknowledged the general rule under section 22-70 of the Property Tax Code (Tax Code) (35 ILCS 200/22-70 (West 2016)) is that the issuance of a tax deed does not extinguish or affect an easement.”
SI v. Bank of Edwardsville (Ill. App. Ct. 2005). · cites it 4× “The developer moved to dismiss the complaint, arguing in part that SI Securities failed to state a cause of action because section 22-70 of the Code (35 ILCS 200/22-70 (West 2002)) expressly provides that a tax deed does not extinguish or affect covenants running with the land…”
Killion v. Meeks Corrected Opinion 10/2/02 (Ill. App. Ct. 2002). · cites it 2× “747b (now see 35 ILCS 200/22-70 (West 2000))). This section specifically provided that a tax deed shall not extinguish or affect easements, covenants running with the land, or rights-of-way for water, sewer, electricity, tax, telephone, or other public service uses.”
Phoenix Bond & Indem. CO. v. Pappas (Ill. App. Ct. 2000). “35 ILCS 200/22-70 (West 1996). At the public auction, the tax buyers bid on the rate of penalty they will take at redemption.”
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