Warsaw v. Chicago Metallic Ceilings, Inc.

Opinion

RICHARDSON, J.

We granted a hearing in this case to consider whether one who acquires a valid prescriptive easement over another’s property nonetheless may be required to compensate that person for either (1) the fair market value of the easement, or (2) the cost of removing or relocating any encroaching structures which interfere with use of the easement. We conclude that the statutes which define and validate prescriptive easements neither authorize nor contemplate an award to the underlying property owner of compensation for the reasonable value of the easement, and that under *569the…