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← 751 So. 2d 2 - Blalock v. Conzelman

751 So. 2d 2 - Blalock v. Conzelman’s Empirical Analysis

1999

Citation profile

19
cited by 19 later decisions
2
states following
August 2018
most recently cited

1 federal appellate · 18 state decisions

Relationships

Relies on Boss v. Rockland Electric Co. · Collins v. Alabama Power Co. · Cotton v. May · 298 Ill. App. 3d 231 - McMahon v. Hines · Burris v. People's Ditch Co.

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “"`A principle of concurrent, rather than exclusive, use underlies the law concerning easement.' McMahon v. Hines , 298 Ill. App.3d 231 , 239 , 697 N.E.2d 1199 , 1206 , 232 Ill. Dec. 269, 276 (1998). `Therefore, use of an easement by both [the dominant and the servient] landowners must be permitted in accordance with their individual interests.' Id . See also Fedorko Properties, Inc. v. C.F. Zurn Assocs. , 720 A.2d 147 (Pa.Super. 1998) (the mere use of the term `exclusive easement' in an easement conveyance did not `grant an easement exclusive of the servient estate'). Nothing in the deeds . . . suggests the Conzelmans' easement was granted or reserved exclusively for them."”
    3 later decisions quote this exact passage
  2. “"This Court has often stated that `[a]n easement is an interest in land and, generally, can be created in only three ways: first, by deed; second, by prescription; and, third, by adverse use for the statutory period.' An easement by prescription is acquired by use of `"the premises over which the easement is claimed for a period of twenty years or more, adversely to the owner of the premises, under claim of right, exclusive, continuous, and uninterrupted, with actual or presumptive knowledge of the owner."'"”
    3 later decisions quote this exact passage
  3. “[A] possession permissive in its inception cannot become adverse to the owner until a positive assertion of a right hostile to the owner is brought to him.”
    3 later decisions quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.