Originally published in the November 2004 issue of the ATG concept.
ATG is generally reluctant to insure property where the only basis for ownership interest is through...
Adverse Possession
Summary: Homeowner did not have a prescriptive easement on neighbor’s driveway because the neighbor had given the previous owner permission to use the driveway, so the use was not...
Summary: A plat that provides easements for “use by owners and their guests,” does not dedicate those easements to the public, but creates a private easement co-owned by all...
Summary: Under Illinois law a prescriptive easement can only be established if the element of exclusivity is met. The party claiming exclusivity must prove that he or she possessed the...
Summary: Claimant failed to establish adverse possession of the lane because the lane was not under his exclusive control.
Corn v. Corn, 24 N.E.3d 987 (...
Summary: Abandonment does not divest the fee simple owner of legal title to the property such that a third party could acquire it by merely taking possession and making...
Summary: Land owners whose property has been taken away by adverse possession cannot take legal title away from the adverse possessors simply by building a new fence on the old...
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