Kuecken v. Voltz

Citations

• 110 Ill. 264

Syllabus

<p>1. Easements — of the different hinds — and the incidents thereof. Easements are of two kinds—appurtenant or appendant, and in gross. The former run with the land, and pass by a deed of conveyance; but the latter are personal, and will not pass by a deed of conveyance.</p> <p>2. Same—grant of a way—whether in gross, or appurtenant—presumption. The grant of a way is never presumed to be in gross when it can be fairly construed to be appurtenant to the land.</p> <p>3. Same—reservation of a servitude—whether the servitude becomes appu/rtenant. Where it appears, by fair interpretation of the words of a grant, that it was the intention of the parties to create or reserve a right, in the nature of a servitude or easement, in the property granted, for the benefit of other land of the grantor, and originally forming, with the land convej'ed, one parcel, such right will be deemed appurtenant to the land of the grantor, and binding on that conveyed to the grantee; and the right and burden thus created will pass to and be binding on all subsequent grantees of the respective lots of land.</p> <p>4. Same—in the particular case. A, being the owner of eighty-nine feet of ground, bounded on the east and south by two streets, and extending west ninety feet to a lot extending north and south its entire width, in 1856 sold B the south forty-nine feet of the tract, which was followed by a deed on June 1, 1860, the contract and deed both containing this clause: “Excepting and reserving therefrom ten feet across the west end of said premises, for an alley. ” This forty-nine feet passed by mesne conveyances to 0, the deeds containing the same reservation as in the deed from A. In 1860 A sold to D twenty feet off the south side of the remainder of his said tract, but prior to this he conveyed the north twenty feet joining that sold to D, and it passed by mesne conveyances to E. The deeds conve3dng each of these tracts contained the same exception and reservation as in the first deed. At