Finn v. Williams
Supreme Court of Illinois
33 N.E.2d 226 (Ill. 1941)
Relevant factsFree
Charles Williams conveyed part of his land to Thomas Bacon, whose interest eventually passed to the Finns (plaintiffs); the remaining part of Charles Williams's land passed to Zilphia Jane Williams (defendant). The Finns' land had no way to reach the highway and market except by crossing Williams's land or a stranger's, but Williams refused to allow access. The Finns sued for a declaratory judgment establishing an easement by necessity over Williams's land.
IssueFree
Whether an implied easement by necessity passes with a transfer of land even if it was never actually used by prior owners.