Monday, November 25, 2013

Granite Properties Limited Partnership v. Manns case brief

Granite Properties Limited Partnership v. Manns case brief summary
512 N.E.2d 1230 (Ill. 1987)


CASE SYNOPSIS
Plaintiff dominant estate owner filed an action to enjoin defendant servient estate owners from interfering with the dominant estate owner's use and enjoyment of two easement over driveways on the servient estate owners' property. The servient estate owners sought review of a judgment of the Appellate Court for the Fifth District (Illinois), which held that the dominant estate owner was entitled to the easements by implication.

CASE FACTS
The parties owned adjoining parcels of land. The dominant estate owner and its predecessor in titled owned all of the subject properties at the time that a parcel was conveyed by warranty deed to the servient estate owners. Prior to the conveyance, the dominant estate owner used strips of land across the servient estate owners' property as driveways to access an apartment complex and a shopping center. The dominant estate owner filed an action to enjoin the servient estate owners from interfering with the dominant estate owner's use and enjoyment of the two easements.

DISCUSSION

  • On appeal, the court affirmed the judgment because the dominant estate owner was entitled to an easement by implication. 
  • The court found that: 
  • (1) the driveways in question had been used by the dominant estate owner or its predecessors in title since the respective properties were developed, 
  • (2) the driveways were permanent in character, being either rock or gravel covered, and 
  • (3) the owners of the servient estate were aware of the driveways' prior uses before they purchased the parcel.
CONCLUSION
The court affirmed the judgment and awarded the dominant estate owner a permanent injunction against the servient estate owners for interference with the dominant estate owner's use and enjoyment of two easements over the servient estate owners' property.

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