Willoughby v. Lawrence

Citations

• 116 Ill. 11
• 4 N.E. 356

Syllabus

<p>1. Contract—for the use offences and buildings for posting advertisements—of the rights acquired thereby. A contract made by the lessees of a tract of land used for a trotting park or race course, giving the other party thereto the right to use the fences and all the buildings erected or to be erected upon the tract, except the club house, for advertising purposes, for a period of years, confers the right to use the inside as well as the outside of the main fence and the buildings inside the inclosure, except the club house.</p> <p>2. The right to so make use of the fences and buildings, involves and includes the right of entry upon the premises to reach the buildings and the inner surface of the fence, and such latter right, if not an easement, is a burden or servitude in the nature of an easement.</p> <p>3. And the right of ingress and egress so conferred is more than a mere revocable license. Such right amounts to an interest in the premises in the nature of a right of way in gross, which a court of equity will regard as, at least, an equitable charge or burden thereon in favor of the grantee.</p> <p>4. Easement—whether appurtenant or in gross. A right in the land of another, without its being appurtenant-to o.r exercised in connection with the occupancy of the land, is an easement in gross. In such case the burden rests upon the land in favor of the person entitled thereto.</p> <p>5. Purchaser—subject to a servitude—notice. To bind a purchaser of a servient estate by a servitude charged thereon, he should have notice thereof, as in case of other incumbrances upon land.</p> <p>6. Recording daw—as applicable to a contract creating a servitude upon land—as, granting the use of fences, etc., for advertising. A written contract granting or giving the right to use the fences and buildings upon a tract of land for advertising purposes, as, for posting advertising notices thereon, involving by implication a right of way upon the land to enjoy such use, is an instrume