Granite Properties Limited Partnership v. Manns
Supreme Court of Illinois
512 N.E.2d 1230 (Ill. 1987)
Granite (plaintiff) sold the Mannses (defendants) a strip of land containing two driveways — one (Driveway A) providing the only practical delivery access to the back of Granite's retained shopping center, and another (Driveway E) providing the only access to the retained apartment complex's parking lot — both of which the Mannses saw and knew Granite had long been using when they bought the property. After the sale, the Mannses told Granite to stop using both driveways; Granite sued to enjoin interference, and the trial court sided with Granite on Driveway E but against Granite on Driveway A, while the appellate court ruled for Granite on both.
Whether an implied easement may arise from a grantor's continuous and apparent preexisting use of property conveyed to another, even if the easement is not absolutely necessary for the beneficial use and enjoyment of the property the grantor retained.