Easements in Illinois – Land Use
Easements exist to keep land functional. They ensure landowners can reach their own parcels, utilities can be maintained, and neighboring parcels can coexist even when property boundaries create practical obstacles. Yet easements also invite conflict, especially when the servient parcel owner—the one whose land is burdened by the easement—changes how the land is used or when local land-use rules complicate the picture. The Illinois appellate decision in Downing v. Somers, 2023 IL App (4th) 220900, is a clear example of how courts protect the integrity of access rights when those conflicts arise. The facts in Downing were straightforward. The plaintiffs held an express access easement—recorded in a 1981 trustee’s deed—across the defendants’ land. The defendants later bought property that was subject to this easement, fully aware of its existence. Within months, they disked the land, planted grass and trees, and fenced off the corridor as a horse corral. The dominant estate owners ...