Van Ohlen v. Van Ohlen

Citations

• 56 Ill. 528

Syllabus

<p>Easement ; license. Where a party, holding a bond for a deed to a tract of land, sold a portion of the tract to a third person, and procured a bond for a deed thereto, to be executed to him by the original vendor, in consideration of an agreement in writing, though not under seal, between the original purchaser and his vendee, that the latter should keep open a ditch, across the portion so sold to him, sufficient to carry off the water from two ditches on the other portion of the tract, it was held, such agreement was not a mere license, revocable at the will of the party who agreed to keep the ditch open, by reason of the agreement not being under seal, but it was supported by a valuable consideration, creating a vested right of the character of an easement.</p>