Urbaitis v. Commonwealth Edison

143 Ill.2d 458, 159 Ill.Dec. 50, 575 N.E.2d 548 (1991)

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Nature of the Case

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Facts

The parcel of land at issue is a strip 100 feet wide and 2, 713 feet long which was conveyed to a railroad by one Dodson. Urbaitis and others (P) own residential lots adjoining the strip and also trace their title to Dodson. P sued to quiet title in the strip in them, arguing first that the conveyance of the strip to the railroad was an easement for railroad purposes, and that when the railroad abandoned the strip, title vested in them as adjoining landowners. Alternatively, P argues that, upon the railroad's abandonment of the easement, title to the land reverted to the grantor, whose interest in the land had been deeded to P. D argues that the deed conveyed a fee simple. The granting clause of the deed provides that Dodson '...conveys and warrants to [the railroad] the following described real estate...' Subsequent language in the deed refers to the interest as a 'right-of-way.'