McKenzie v. Elliott

Citations

• 134 Ill. 156

Syllabus

<p>1. Easement—by prescription—right of way for an alley. An easement in land may be acquired by an uninterrupted and adverse enjoyment for a period of twenty years. So where a party purchased a lot of ground upon the assurance that a strip sixteen feet wide should be left as an alley adjoining the lot, which strip was then staked off, and the purchaser erected buildings and fences on the line of the lot with reference to the alley, and used and improved such strip under claim of right for more than twenty years, it was held, that such purchaser acquired a right of way over the alley by prescription.</p> <p>2. While it is true that a private right of way can not be gained by the parol agreement of him who creates it, yet when, under such agreement, the way has been used for twenty years with the acquiescence of the owner, a prescriptive right to the same will thereby be gained. That the use began by permission will not affect the prescriptive right, if the other requisites exist.</p> <p>3. It is not necessary that the party claiming an easement or right of way shall be the only one who can or may enjoy that or a similar right over the same land, but his right should not depend for its enjoyment upon a similar right in others. He must exercise it under some claim existing in his favor, independently of all others.</p>