Eastern landowner brought action against western landowners for declaratory judgment of trespass. Western landowners brought counterclaims for declaratory judgment of prescriptive easement, interference with an express easement, and a declaratory judgment regarding certain developmental modifications in order to prevent flooding on their property. The Circuit Court entered summary judgment in favor of eastern landowner. Western landowners appealed.
The Supreme Court of Illiniois held that:
- Prescriptive easement claim does not require that the claimant prove that the titleholder was altogether deprived of possession and/or use of the property during the 20–year period, overruling Catholic Bishop of Chicago v. Chicago Title and Trust Co., 2011 IL App (1st) 102389, 954 N.E.2d 797; Chicago Steel Rule Die & Fabricators Co. v. Malan Const. Co., 200 Ill.App.3d 701, 558 N.E.2d 341, and City of Des Plaines v. Redella, 365 Ill.App.3d 68, 847 N.E.2d 732;
- There was a presumption that an easement was granted by predecessor in title of eastern landowner; and
- Western landowners were not required to orally communicate their claim of right to the owners of the eastern property.