Legal Question in Real Estate Law in Illinois

Well, yes and no. Yes it can pass along, but if the other owner discovers there is a new owner then the other owner may attempt to bar the use by denying it. If there is evidence of the use you should take pictures of it. Since it's been there for 50 years you may have the right to have the easement permanently declared by adverse possession (adverse possession can confirm title and easements...). When you put the property up for sale you should absolutely explain the situation to your realtor. The realtor may want you to try to confirm the easement in writing. If the other owner is unwilling to do so you may wish to have it declared legally. When you go under contract for sale (hopefully) it needs to be specifically indicated (the realtor may want you to delay that until attorney review but you need your attorney up front to talk to the realtor AND be aware of the situation). When you buy title insurance for the buyer (customary) you may want to have the easement insured and the title company may want evidence to do so. Bottom line: talk to an attorney today whom you would plan on using for any sale and get things in place so you don't have a "situation" later.