Sufficiency of the Complaint Defendants argue the trial court could not have applied the doctrine of easement of necessity by implication because plaintiff failed to include it in his complaint. Plaintiff asserts all the elements of an easement by necessity were contained in the pleadings. Because the determination of whether plaintiff's complaint states a cause of action for an easement by necessity does not require the court to weigh facts or determine credibility, we review the matter de novo . 245 Ill. App. 216 Ill. App.
Complaints are to be liberally construed with an eye toward doing justice between the parties.
Thus, taken as a whole, these documents show Heissinger was the common grantor of the Smith property and Heissinger Nos. 1 and 2. 129 Ill. App. Thus, all the elements of an easement by necessity were included in plaintiff's complaint. However, defendants argue the trial court prohibited them from cross-examining plaintiff as to alternative sources of utilities.