Kœlle v. Knecht

Citations

• 99 Ill. 396

Syllabus

<p>1. Right or way — when appurtenant to land. Where the owner of land grants'a right of way over his land for a switch from a railroad to the land of one of the grantees; to be used by the grantees and others for railroad and switch purposes, and the owners of such right of way purchased eighty acres of land from another, over a part of which the switch was constructed, so as to reach the coal land of one of the grantees, the grantor contributing nothing to the expense of grading and bridging the track for the switch, it was held, that this right of way became appurtenant to the coal land of the grantee, to which the switch was constructed.</p> <p>2. Same — appurtenant by reservation. A right of way appurtenant may be reserved in a conveyance as eifectually as by a grant by deed. Hence, in a grant of a right of way for a railroad switch, the words, “and upon the further consideration that said grantees permit said grantor to use said switch and railroad, the same as the grantees,” amount to a legal and binding reservation of a use in common with the grantees of the right of way granted, but they do not confer any right in the grantor over other land after-wards bought by the grantees for an extension of the right of way to their lands, in the absence of any agreement to that effect, and do not even reserve a right of way appurtenant over the grantees’ tract of land.</p> <p>3. Easement — right of way, when not capable of conveyance. An easement or right of way appurtenant or appendant to an estate in fee in land, or in gross to the person of the grantor for life or for years, is incapable of alienation or conveyance in fee. When in gross, it is purely personal to the holder, and when appurtenant, it is attached to and is an incident to the land, and passes with it, whether the land be conveyed for a term of years, for life, or in fee. It is an incident to the land, and can not be separated from or transferred independent of it. Sec. 13 of the Conveyance act has no a