Illinois Real Estate Practice Exam

What are trespassers granted after continuously using a property for 20 years?

1. Easement By Necessity

2. Easement Appurtenant

3. Easement By Prescription

4. Easement In Gross

The correct answer is: Easement By Prescription

When a trespasser continuously uses someone else's property for a specific period, in Illinois, they may acquire what is known as an easement by prescription. This legal concept allows a person to gain the right to use a portion of someone else's land if they have openly, continuously, and exclusively used it under certain conditions for a statutory period, which is typically 20 years in Illinois. To establish an easement by prescription, the use must be adverse to the interests of the property owner, meaning the trespasser's use is without permission and contrary to what the owner would want. The key elements are the duration of use, the nature of the use—being open and notorious without concealment, and the lack of permission from the landowner. This distinction is significant because it emphasizes that the rights granted are based on continuous and undisputed use rather than any formal agreement or permission from the property owner. Consequently, the trespasser transitions from a mere unlawful occupant to having a legally recognized right over that portion of the property, under certain conditions. This is how the law balances the rights of property owners with the realities of long-standing, uninterrupted use by another party.