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Emanuel v. Hernandez

Appellate Court of Illinois
728 N.E.2d 1249 (2000)


 

Facts

Wayne and Katherine Emanuel (plaintiffs) lived next to Jose and Lisa Hernandez (defendants). The property line bisected a driveway between the properties, but most of the driveway was on the Hernandezes’ property. The Hernandezes began building a fence on the property line, blocking the Emanuels’ continued use of the driveway. The Emanuels could not access their garage without use of the driveway. The properties originally composed one property but were severed in 1890. The Emanuels brought suit, claiming that they had an implied easement over the driveway. The trial court granted the Emanuels summary judgment. The Hernandezes appealed.

Rule of Law

Issue

Holding and Reasoning (Bowman, J.)

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