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S.S. Kresge Co. v. Winkelman Realty Co

Law Dictionary

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
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Property Law Keyed to Cribbet

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Bloomberg Law

Citation. 22 Ill.260 Wis. 372, 50 N.W.2d 920 (1952)

Brief Fact Summary. This case arises from a dispute when an easement was established in Tisch’s favor for all purposes of ingress and egress to and from an alleyway against S.S. Kresge Co. (Plaintiff), in 1936. Thereafter, Winkelman Realty Co. (Defendant), purchased the Tisch property in 1943, and began using the easement previously used by Tisch in his barbershop and living quarters, for transportation and storage of goods, which were consigned to various stores of the Defendant.

Synopsis of Rule of Law. A prescriptive right acquired by a particular use of the property cannot ordinarily justify an added use in connection with the dominant estate in a manner far different from that employed in the original use.

Facts. Winkelman Realty, Winkelman Department Stores and Winkelman Men’s Stores are all owned by the same group and are referred to collectively as Defendants. The Plaintiff in 1936, tried to close the alleyway. Tisch was allowed his easement for ingress and egress to and from the alleyway as against the Plaintiff’s property in 1936. Then, Defendants (who already owned adjacent properties) bought Tisch’s property, along with the easement in 1943. The Defendants began using the alleyway as a conduit for storage of goods and transport of goods to their various adjacent stores. The Plaintiff sued to establish a claim against any claim of the Defendant’s except for ingress and egress (use of easement as in prior owners), to enjoin Defendants from using any portion of Plaintiff’s property except for ingress and egress, and to enjoin Defendants from transporting merchandise to or from their Men’s Store or Department Store by way of Tisch’s former property. The trial court found that the ea
sement acquired by Defendants from Tisch is only an appurtenance to that lot, and not to any other lot owned by Defendants. The trial court also found that the Defendants were using the Tisch easement for purposes other than what the original prescriptive easement was prescribed, and that such a use was an additional burden on the Plaintiff’s servient estate. The trial court quieted title to the alleyway in favor of the Plaintiff, but recognized the original Tisch easement in favor of Defendants (but only to that particular lot). The trial court’s judgment also ordered that the Defendants not use the alleyway in any manner not permitted under the Tisch easement (ingress and egress to one lot only- not for transport and storage of goods). The Defendants appealed and the Plaintiff appealed for a modification of the decree to enjoin the Defendants from any usage of the alleyway whatsoever.

Issue. Can a prescriptive easement for one purpose be added to by a subsequent usage and still be upheld?

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