McNeil v. Ketchens

Illinois Appellate Court
Civil Court
Quiet Title
Adverse Possession
Citation
Case Number: 
Nos. 4-09-0388, 4-09-0393, 4-09-0617 Con
Decision Date: 
Wednesday, January 6, 2010
District: 
4th Dist.
Division/County: 
Champaign Co.
Holding: 
Affirmed in part and reversed in part.
Justice: 
APPLETON
Defendant, who was neighbor of Plaintiffs, blockaded Plaintiffs' driveway, covering his car and refusing to move it. Plaintiffs sought declaratory judgment, seeking to quiet title and claiming adverse possession. Court erred in rejecting claim of adverse possession. Since 1937, house and garage have stood at Plaintiffs' address, and driveway has led straight from street to garage, running alongside the house; and house and garage never were abandoned. One-month vacancy in time between prior owner moving out and Plaintiffs moving in to home was not break in continuity of possession, and did not interrupt adverse possession. Court properly dismissed count for quiet title, as legal description in deed to Plaintiffs does not include driveway.