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BAYLOR v. THIESS

No. 71-60.

2 Ill. App.3d 582 (1971)

277 N.E.2d 154

JAMES BAYLOR et al., Plaintiffs-Appellants, v. HAROLD R. THIESS et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

December 23, 1971.

Attorney(s) appearing for the Case

Simpson & Simpson, of Aurora, for appellants.

Redman, Shearer, O'Brien & Blood, of St. Charles, for appellees.

Reversed and remanded.

Mr. PRESIDING JUSTICE THOMAS J. MORAN delivered the opinion of the court:

The plaintiffs appeal from an order which dismissed their action on the ground of failure to prove a prima facie case for an easement by implication.

• 1 The elements necessary to establish an easement by implication are: 1) a separation of title; 2) prior to separation, the use must have been so long continued or obvious as to indicate permanency...

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