Finn v. Williams

33 N.E.2d 226 (Ill.1941)

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Nature of the Case

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Facts

The land at issue, in this case, was a 140-acre parcel initially owned by Williams (D). D conveyed a portion of the land consisting of almost 40 acres to Bacon, who later conveyed it to Finn (P). D inherited the remainder of the parcel from Williams. There was no direct access from P's land to a public highway: the tract was completely surrounded by D's land or the land of strangers. Consequently, from the time the tract had been severed from the tract owned by D, P and their predecessors had made use of a right of way through D's land in order to access the public highway. Shortly before P brought suit, D began refusing P permission to cross her land to reach the highway. P sued, requesting that the court declare an easement by necessity over D's land to access the highway. D's answer claimed that P's land did have access to the highway on a private road leading to the south to a public highway. The lower court found for P. D appeals.