An easement is considered appurtenant when the easement requires a dominant estate and a servient estate. 234 Ill. App. The user of the right of the easement enjoys what is referred to as a dominant estate over the used land, which is the servient estate. In this case, the defendants have a dominant estate and McMahon has a servient estate, as the defendants have the right to the portion of the driveway that is located on McMahon s property. As the owners of the dominant estate, the defendants are entitled to necessary use of the easement.
Necessary use is the use that is reasonably necessary for full enjoyment of the premises.
135 Ill. App. There is no dispute that the defendants have an easement to the driveway on McMahon s property. The defendants, however, contend that the instrument creating the easement was clear that the easement also includes the curb. On the other hand, McMahon maintains that the recorded easement is clear that the defendants have an easement only in the driveway. Thus, this issue hinges on the interpretation of the language in the instrument conveying the easement.