Forbes v. Balenseifer

Citations

• 74 Ill. 183

Syllabus

<p>1. Easement—cam be acquired only by grant or prescription. An easement, being connected with and appurtenant to real estate, so far partakes of the character of land that it can only be acquired by grant, or prescription, which implies a previous grant.</p> <p>3. License—what constitutes — and whether revocable. A verbal agreement between the several owners of several tracts of land, by which each gives to the others a right of way over his land, amounts to a mere license, revocable at the will of either of the parties.</p> <p>3. A verbal license to pass over the land of another may be revoked either by express notice, by obstructing the land licensed to be used, by appropriating it to any use inconsistent with the enjoyment of the license, or by a sale of the land without reserving the privilege to the licensee, and in all such cases the rights of the licensee are terminated.</p> <p>4. A license does not become executed and irrevocable merely because the licensee has availed himself of the privileges of a license and entered upon their enjoyment, but cases may arise where to revoke would be a great wrong and oppression, and amount to a fraud on the part of the licensor, and in such case a court will, to prevent the fraud, hold the licensor estopped from revoking the license.</p> <p>5. Dedication for highway—must be accepted. A dedication of land to public use as a highway must be accepted and appropriated to the uses intended, and until there is such acceptance the owner may withdraw his offer and appropriate the land to any other purpose he may choose.</p> <p>6. Same—how acceptance of dedication maybe evidenced. An acceptance of a dedication of a highway may be evidenced by the public officers taking charge of the road and repairing it at public expense; or, where it needs no repair, by placing it on the map of roads for the proper district, and by its being used by the public, but mere travel by the public is not evidence of acceptance.</p> <p>7. Instruction.