easement privilege (Illinois) · Go Syfert
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easement privilege in Illinois

14 Illinois opinions name it 2 courts 1895–2023 1 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Mueller v. Kellergreen
ill · 1960 · cited in 2 Illinois opinions naming this issue, 2019–2019
2 sentences

2019Mueller v. Keller, 18 Ill. 2d 334, 340 (1960).

2019Mueller v. Keller, 18 Ill. 2d 334, 340 (1960).

22
Messenger v. Ritzgreen
ill · 1931 · cited in 2 Illinois opinions naming this issue, 2000–2000
2 sentences

2000Messenger v. Ritz, 345 Ill. 433, 437 , 178 N.E. 38, 40 (1931); Chicago, Sonta Fe & California Ry.

2000Messenger v. Ritz, 345 Ill. 433, 437 , 178 N.E. 38, 40 (1931); Chicago, Sonta Fe & California Ry.

22
Board of Managers of Hidden Lake Townhome Owners Ass'n v. Green Trails Improvement Ass'ngreen
illappct · 2010 · cited in 2 Illinois opinions naming this issue, 2012–2012
2 sentences

2012Board of Managers of Hidden Lake Townhome Owners Ass'n v. Green Trails Improvement Ass'n, 404 Ill.App.3d 184, 190 , 343 Ill.Dec. 312 , 934 N.E.2d 636 (2010).

2012Board of Managers of Hidden Lake Townhome Owners Ass'n v. Green Trails Improvement Ass'n, 404 Ill.App.3d 184, 190 , 343 Ill.Dec. 312 , 934 N.E.2d 636 (2010).

12
McMahon v. Hinesgreen
illappct · 1998 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023See McMahon, 298 Ill.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (11)

CaseCitedYears
JCRE Holdings, LLC v. GLK Land Trust green
illappct · 2019
1 sentence

2020JCRE Holdings, LLC v. GLK Land Trust, 2019 IL App (3d) 180677 , ¶ 13.

12020–2020
Hahn v. County of Kane green
illappct · 2012
1 sentence

2013Hahn v. County of Kane, 2012 IL App (2d) 110060, ¶ 10 .

12013–2013
Smith v. Mervis green
illappct · 1976
1 sentence

2012Smith, 38 Ill.

12012–2012
Coomer v. Chicago & North Western Transportation Co. green
illappct · 1980
1 sentence

1991(Coomer, 91 Ill.

11991–1991
Boland v. Walters green
ill · 1931
1 sentence

1960(City of Berwyn v. Berglund, 255 Ill. 498 ; Lang v. Dupuis, 382 Ill. 101 .) As pointed out in Boland v. Walters, 346 Ill. 184 , an easement is a privilege in land existing distinct from the ownership of the' land, and is an estate or interest in itself, whereas a licénse is merely a privilege to do certain things on the land without being an estate itself.

11960–1960
Lang v. Dupuis neutral
ill · 1943
1 sentence

1960(City of Berwyn v. Berglund, 255 Ill. 498 ; Lang v. Dupuis, 382 Ill. 101 .) As pointed out in Boland v. Walters, 346 Ill. 184 , an easement is a privilege in land existing distinct from the ownership of the' land, and is an estate or interest in itself, whereas a licénse is merely a privilege to do certain things on the land without being an estate itself.

11960–1960
Rush v. Collins green
ill · 1937
1 sentence

1960Mere permission to use land cannot ripen into a prescriptive right, regardless of the '.time such permissive use is enjoyed, (Rush v. Collins, 366 Ill. 307 ; Bontz v. Stear, 285 Ill. 599 ,) and a parol license is revocable even though consideration has been paid or expenditures have been made upon the faith" of the agreement.

11960–1960
City of Berwyn v. Berglund neutral
ill · 1912
1 sentence

1960(City of Berwyn v. Berglund, 255 Ill. 498 ; Lang v. Dupuis, 382 Ill. 101 .) As pointed out in Boland v. Walters, 346 Ill. 184 , an easement is a privilege in land existing distinct from the ownership of the' land, and is an estate or interest in itself, whereas a licénse is merely a privilege to do certain things on the land without being an estate itself.

11960–1960
Bontz v. Stear green
ill · 1918
1 sentence

1960Mere permission to use land cannot ripen into a prescriptive right, regardless of the '.time such permissive use is enjoyed, (Rush v. Collins, 366 Ill. 307 ; Bontz v. Stear, 285 Ill. 599 ,) and a parol license is revocable even though consideration has been paid or expenditures have been made upon the faith" of the agreement.

11960–1960
Eckhart v. Irons green
· 1889
1 sentence

1949But as is said in Eckhart v. Irons, 128 Ill. 568 : ‘If there is any doubt whether the restrictions were to cease then (at the end of fifteen years) or whether they were to be permanent, the existence of the doubt is to deny the existence of the easement or privilege.

11949–1949
Hutchinson v. Ulrich green
ill · 1893
1 sentence

1895All doubts must be resolved in favor of natural rights, and against restrictions thereon.” This language is quoted with approval in Hutchinson v. Ulrich, supra, where it is further said: “In this country real estate is an article of cdmmer.ee.

11895–1895

Where else courts name it

CA 17 (1893–2025) TX 15 (1921–2025) IL 14 (1895–2023) NC 7 (1907–2022) PA 7 (1890–1982) NY 7 (1884–2013) ME 6 (1843–2020) CO 6 (1988–2024) MT 5 (1969–2025) MO 5 (1959–1992) ID 5 (1995–2018) WA 5 (1987–2018) KY 5 (1970–2024) NV 5 (1988–2018) AL 4 (1909–2014) VA 4 (2003–2025) MI 4 (1935–1981) CT 3 (1994–2016) MA 3 (1995–2023) MD 3 (1972–2012) WI 2 (1924–1993) IA 2 (1998–2000) OR 2 (2001–2018) SD 2 (2000–2023) WY 2 (2005–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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