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Property Keyed to Sprankling
Emanuel v. Hernandez
Citation:
728 N.E.2d 1249 (Ill. App. Ct. 2000)Facts
Plaintiffs own the property at 920 Pearl Street in Belvidere and Defendants own the property immediately north of them at 914 Pearl Street. The property line bisects a driveway, but most of the driveway is on Defendants’ land. The use of the driveway is essential to the enjoyment of the property at 920 Pearl, as the driveway is the only way a car can get to the garage. Defendants constructed a fence on the property line so that Plaintiffs could not use the driveway. Plaintiffs brought a suit seeking declaratory judgment for an easement by implication over the driveway. The complaint alleged that originally, one person owned both properties, and before title was separated, the use of the driveway to gain access to the garage was continued, open, and intended to be permanent. Moreover, since moving in, Plaintiffs had shared the costs of improving or repairing the driveway with their neighbors at 914 Pearl Street.
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