Chicago & Alton Railroad v. Goodwin

Citations

• 111 Ill. 273

Syllabus

<p>1. Life estate — power of tenant for life over estate. A person having an estate for life in land may make or allow any use of it he sees fit during his life, provided no injury is done to the inheritance. The remainder-man, during the existence of the life estate, has the right only to prevent the commission of waste.</p> <p>2. Trespass — entry under license of tenant for life. The entry upon premises by a railway company, and the construction of a railroad over the same, which is no injury to the inheritance, under the verbal license of the tenant for life, is not a trespass or an unlawful entry. Such entry will not subject the party so entering to either an action of trespass or ejectment on the part of the remainder-man.</p> <p>3. Real and personal estate — buildings and structures — when real and when personal estate. It does not necessarily follow that structures, or even buildings, placed by one person on the land of another, become a part of the real estate. When they are trade fixtures they are regarded as personal property. So a house erected upon the land of another, under an agreement that it shall belong to the builder, is personal property.</p> <p>4. If, however, a person enters upon the land of another without permission, and places a building or other structure thereon permanently attached to the soil, he will be a trespasser, and the building or structure will become a part and parcel of the land, and will be the property of the land owner. In such case the builder acquires no right by his tortious act.</p> <p>5. Eminent domain — measure of damages — compensation for structures put on land by railroad company itself. Where a railway company, under license of the life tenant, enters upon land and constructs its road over the same, with costly embankments, and enjoys the use of the same without objection, on an application by the company, after the termination of the life estate, to condemn a strip of land on which such road and structures are buil