1. Common Ownership
• The dominant estate (benefited land) and servient estate (burdened land) must have been owned by the same person or entity at some point in the past.
2. Severance of Title
• The common ownership must have been severed, typically by a conveyance or transfer, creating separate ownership of the dominant and servient estates.
3. Apparent and Continuous Use
• The use of the servient estate for the benefit of the dominant estate must have been apparent, obvious, and continuous at the time of the severance. This means the use was not hidden and was ongoing.
4. Necessity
• The easement must be reasonably necessary for the enjoyment of the dominant estate. Illinois courts often distinguish between:
o Reasonable Necessity: The easement must make the dominant estate’s use significantly more convenient or beneficial.
o Strict Necessity: This higher standard is typically applied in cases of implied easements by necessity (e.g., access to a landlocked property).
5. Intent of the Parties
• There must be evidence that the parties to the severance intended for the easement to continue. This intent can be inferred from the circumstances surrounding the severance and use.
6. Additional Concepts
• Implied Easements by Necessity are a subset of implied easements, and the necessity must exist at the time of the severance of the common ownership.
• Implied easements do not require a written agreement but must be proven through clear and convincing evidence.
If you are involved in a potential legal dispute involving an implied easement, it is advisable to consult an attorney familiar with Illinois property law.