Emanuel v. Hernandez
Appellate Court of Illinois
728 N.E.2d 1249 (2000)
Relevant factsFree
The Emanuels (plaintiffs) and Hernandezes (defendants) owned adjoining properties whose shared driveway, mostly located on the Hernandezes' land, the Emanuels needed to access their garage; when the Hernandezes began fencing off the driveway, the Emanuels sued claiming an implied easement, and the trial court granted them summary judgment, but the properties had originally been severed from common ownership back in 1890.
IssueFree
Whether, if an easement implied by prior use did not arise at the moment the property was severed, a change in circumstances after the severance can create such an easement.