Kuhlman v. Hecht

Citations

• 77 Ill. 570

Syllabus

<p>1. Ki&iit of wat—by prescription. A prescriptive right to a way over the land of another can not be acquired short of twenty years’ continuous and uninterrupted adverse enjoyment. Where the use has been for that length of time, and it has been peaceable, the law presumes a grant.</p> <p>2. Same—does not arise out of a tenancy. If the use of a right of way lacks in time, in peaceable enjoyment, or is founded on a lease, it will not amount to a prescriptive right, even if more than twenty years have elapsed.</p> <p>3. If one person enters as the tenant of another, and holds under him, a prescriptive right can not be acquired to a right of way over the land of the lessor, while the tenant thus holds; nor will any portion of the time he thus holds be counted, in making out the prescriptive right.</p> <p>4. Same—when appurtenance to land passes by a conveyance of the land. A way held by grant or prescription will pass by a conveyance of the land with which it is used and enjoyed as an appurtenance.</p> <p>5. But a mere license to use a way which has not ripened into a right, but may be revoked, is not an appurtenance, and will not pass to a grantee of the land.</p> <p>6. Same—of necessity. A right of way from necessity is created where the owner sells land which is wholly surrounded by other lands of the grantor. In such case, the purchaser will have the right of way over the grantor’s land, to and from his own.</p> <p>7. If a party sells land not entirety surrounded by his own, but only adjoining the same, the purchaser acquires no right of way, by implication, over the remaining land of the grantor, even though it lies between thé land bought and the public highway.</p>