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Citation22 Ill.171 W. Va. 185, 298 S.E.2d 218 (1982) Brief Fact Summary. Plaintiffs sued a neighbor who was downhill from their house for damage to their home resulting from the Defendant’s lack of maintenance to a retaining wall on the slope between the houses. Synopsis of Rule of Law. While an adjacent landowner has an obligation to support his neighbor’s property in its raw or natural condition, if the support for land in its raw, natural condition is insufficient and the land slips, the adjacent landowner is liable both for the damage to the land and the damage to any build ...

Citation22 Ill.233 N.C. 26, 62 S.E.2d 512 (1950) Brief Fact Summary. Owners of property (Plaintiffs) in a subdivision surrounding a town dump seek to have the dump abated as a private and public nuisance. When Defendant bought the property, the deed contained a covenant not to sue, which would run with the land and would be included in any of the remaining lots sold out of the remaining one hundred acres surrounding the dump. Synopsis of Rule of Law. A covenant or agreement may operate as a grant of an easement if it is necessary to give it that effect in order to carry out the manifest in ...

Citation22 Ill.187 N.J. Super. 210, 453 A.2d 1378 (Super. Ct. Ch. Div. 1982) Brief Fact Summary. Plaintiffs are landowners who are seeking to permanently enjoin the use of Defendants’ windmill, because they allege that the windmill is a nuisance. Synopsis of Rule of Law. A private nuisance is an unreasonable interference with the use and enjoyment of one’s land. ...

Citation22 Ill.68 N.M. 283, 361 P.2d 325 (1961) Brief Fact Summary. Defendant breached a purported real covenant containing restrictions in deed, but which are freely waived or subject to alteration by the grantor, his heirs or assigns. Synopsis of Rule of Law. When the grantor reserves the power to alter the restrictions as to one lot owner without the consent of any other lot owner, the requirement for mutuality or reciprocity is not met and the covenant created is personal and does not run with the land. ...

Citation22 Ill.168 Colo. 6, 449 P.2d 361 (1969) Brief Fact Summary. Cheyenne Homes, Inc. (Plaintiff) obtained an injunction against Rhue (Defendant), who was attempting to move a thirty-year-old Spanish style house into a neighborhood, which required any plans for new buildings to be submitted to an architectural control committee for approval. Synopsis of Rule of Law. When the restrictive covenant of a subdivision required committee approval for plans prior to building, such an arrangement will be upheld, provided that the committee does not unreasonably withhold its consent or refuses pl ...

Citation22 Ill.158 Tex. 458, 312 S.W.2d 943 (1958) Brief Fact Summary. Property owners sought an injunction to prevent Defendant from using a lot under restrictive covenant for business purposes, even though Defendant’s lot is immediately adjacent to business lots which are unrestricted and the character of the neighborhood has changed since the restrictions were formed. Synopsis of Rule of Law. When a neighborhood is restricted to residential use only, the non-complaint of property owners when churches are built on restricted lots will be considered to not constitute a waiver or aba ...

Citation22 Ill.120 Mich. App. 785, 327 N.W.2d 559 (Ct. App. 1982) Brief Fact Summary. A neighborhood was under a restrictive covenant, which could be amended by three-fourths of the property owners in the subdivision at any time. The Defendant contracted with and proposed to build an assisted living center for the mentally impaired on one of the lots. The Plaintiffs amended the restrictive covenant to prohibit the use of the lots in the neighborhood from being used for a state-licensed group residential facility. Synopsis of Rule of Law. An amended deed restriction does not apply to a lot ...

Citation3 K.B. 642 (Ct. Apps. England 1914). View this case and other resources at: Brief Fact Summary. The London County Council (Plaintiff) sought a writ of mandatory injunction to tear down three houses and a wall erected on plots, which were covenanted to be reserved for a roadway. Synopsis of Rule of Law. In order to enforce a restriction through a covenant against the land, the covenantee must be seized of land adjacent to the land under the restriction such that the enforcement of the covenant will benefit the covenantee’s land. ...

Citation22 Ill.233 Mich. 227, 206 N.W. 496 (1925) Brief Fact Summary. The McLean (Defendant) owned a lot in a residential neighborhood, where they began construction of a gas station. Plaintiffs, who are neighboring landowners, sued to enjoin the construction. Synopsis of Rule of Law. A reciprocal negative easement occurs if the owner of a parcel of lots, which are related, sells one with restrictions of benefit to the land retained, the servitude becomes mutual, and during the period of the restraint, the owner of the lots retained can do nothing forbidden to the owner o ...

Citation22 Ill.69 Md. App. 199, 516 A.2d 1028 (Ct. Spec. App. 1986) Brief Fact Summary. A covenant was made between Gallagher (Defendant) and Bell (Plaintiff) with the intent to develop a subdivision. The covenant provided that, in exchange for a right of way, the Defendant agreed “for themselves, their heirs and assigns, that they will dedicate one-half of the streets bounding their property and shall share pro-rata the cost of installation of said streets and the utilities by the Plaintiffs.” Synopsis of Rule of Law. In order for a covenant to run with the land four elemen ...

Citation41 ER 1143, Volume 41 View this case and other resources at: Brief Fact Summary. Plaintiff owned a garden with a statue, which he sold to another person with a covenant that the garden would be maintained as such, and would be opened to the residents of the square surrounding the garden. The Defendant is a subsequent owner of the garden. His deed did not mention the covenant, however, he did have knowledge of this agreement. Defendant sought to build onto the garden, which was not allowed under the covenant. Synopsis of Rule of Law. Defendant must comply with the covenant, becaus ...

Citation22 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 ...

Citation22 Ill.86 N.H. 337, 169 A. 1 (1933) Brief Fact Summary. Sakansky (Plaintiff) took title in land, which included an eighteen feet wide right of way across the Defendants’ land. The Defendants wanted to build a building on their land over the right of way or, in the alternative, allow Plaintiff a new right of way around the building. Synopsis of Rule of Law. The rule of reasonableness dictates that there is, in the absence of a contract to the contrary, no way for the court to change the boundaries of a pre-existing right of way to limit the headroom of the right of way to eigh ...

Citation22 Ill.193 Va. 522, 69 S.E.2d 342 (1952) Brief Fact Summary. The Lindseys (Plaintiffs) sought an injunction to prevent Clark (Defendant) from using a ten feet wide right of way, which had been reserved by earlier deeds, but not particularly in the deed to Plaintiffs. Synopsis of Rule of Law. The lower court applied the rule that “[h]e who seeks equity must do equity.” The mere non-use of an easement created by deed, without more, is not sufficient to cause abandonment. ...

Citation22 Ill.117 Ill. 2d 425 (1987) Brief Fact Summary. Granite Properties Limited Partnership (Plaintiff) brought suit against Larry and Ann Manns (Defendants) to permanently enjoin Defendants from interfering with the use of two driveways to which Plaintiff claims easements. Synopsis of Rule of Law. An easement may be implied by prior use even if the conveyor of a parcel, which was once contiguous, is the claimant of the easement. ...

Citation22 Ill.157 Or. App. 176, 968 P.2d 396 (Ct. App. 1999) Brief Fact Summary. Plaintiff claims a prescriptive easement across Defendants’ property due to the open and notorious use of Defendants’ property as a roadway for more than ten years. Synopsis of Rule of Law. In order to establish a prescriptive easement a claimant must show, by clear and convincing evidence, an open and notorious use of Defendants’ land adverse to the rights of Defendants for a continuous and uninterrupted period of ten years. ...

Citation22 Ill.254 Or. 584, 462 P.2d 671 (1969) Brief Fact Summary. Oregon sought to enjoin the Defendants, who were owners of a beachfront tourist facility, from building fences on areas of the beach, which were “dry sand” areas. Synopsis of Rule of Law. The rule of custom, which arises by common consent and uniform practice that it becomes the law of the place, or of the subject matter to which it relates. The Defendants should be enjoined from constructing fences on beaches, which are customarily used by the public. ...

Citation22 Ill.227 U.S. 633, 33 S. Ct. 401, 57 L. Ed. 679 (1913) Brief Fact Summary. Plaintiff, who was prevented from entering a track after buying a ticket, sued the Defendant track for trespass. Synopsis of Rule of Law. A ticket for admission upon the property of another does not create a property right in the ticket holder, and the only right of the holder is in contract. ...

Citation22 Ill.376 Ill. 95, 33 N.E.2d 226 (1941) Brief Fact Summary. Eugene and Curtis Finn (Plaintiffs) became owners of the back 40 acres of a 140-acre property. Plaintiffs’ land had no outlet to the public highway. Synopsis of Rule of Law. Where an owner of land conveys a parcel, which has no outlet, a way by necessity exists across the lands remaining. ...

Citation22 Ill.7 Cal.3d 473, 102 Cal.Rptr. 739, 498 P.2d 987 (1972) Brief Fact Summary. This case involves a dispute, in which, a church utilized a lot for parking, and this use was reserved in the deed, however, when it was conveyed to a third person, it did not contain the express reservation. Synopsis of Rule of Law. The court will look to the intent of the grantor in determining whether a conveyance contains an easement to a third party. ...

Citation22 Ill.143 Ill. 2d 458, 159 Ill. Dec. 50, 575 N.E.2d 548 (1991) Brief Fact Summary. Plaintiffs sued to quiet title to a strip of land, which was formerly used as a railway, but was no longer being used for such purpose. Synopsis of Rule of Law. The mere use of the descriptive words “right of way,” without more, is insufficient to create an easement when the clear intent of the parties is to convey a fee simple title. ...

Citation22 Ill.302 Mass. 54, 18 N.E.2d 362 (1938) Brief Fact Summary. The Plaintiff ran a business, which placed billboards on the sides of buildings. The Defendant agreed to let Plaintiff place a billboard, but then took the billboard down. Synopsis of Rule of Law. Where the nature of the parties’ intent in writing and is such that the resulting right of the writing is to create an easement in gross, specific performance may be applied. ...

Citation22 Ill.151 Tex. 56, 246 S.W.2d 163 (1952) Brief Fact Summary. In this case the Plaintiff Castellaw had easements to land granted by the lower court and Defendant appealed on the basis that the easements should not have been granted. Synopsis of Rule of Law. An easement was created here, even though the words in the deed are not words of inheritance or of legal character normally found in the creation of easements. ...