Andreas v. Steigerwalt

Citations

• 29 Pa. Super. 1
• 1905 Pa. Super. LEXIS 258

Syllabus

<p>Deeds — Alley—Implied covenants — Boundaries.</p> <p>Where a street called for a boundary in a deed is not a highway nor dedicated to public use, the grantee does not take title in fee to the center of it, but by implication acquires an easement, or right of way over the lands. There is in such a case, an implied covenant that there is a way corresponding with the one described in the deed, that so far as the grantor is concerned it shall be continued, and that the grantee, his heirs and assigns, shall have the benefit of it.</p> <p>Where an owner of land has his land laid out in lots, and conveys one of 'the lots, calling for an alley as a boundary appearing.on the plan of lots the grantee has a right to the use of the alley as a means of access to his lot.</p> <p>Equity — Jurisdiction—Disputed claim as to land.</p> <p>A bill in equity to restrain interference with an alley, may be maintained where the plaintiff’s right to the use of the alley under his deed from defendant is clear, and the defendant’s denial of the right is based on testimony impeaching the deed which would be insufficient to warrant the court in its submitting the question to the jury, if the case were tried at law.</p> <p>Deed — Alley—Boundaries—Plan of lots.</p> <p>A person will not be entitled to the use of land as an alléy in the rear of his lot, merely because the deeds of his neighbors on one side called for an alley in the rear of their lots in accordance with a plan of lots, where it does not appear that such person’s deed called for an alley, or that an alley in the rear of his lot appeared in any map, or that any alley was actually opened.</p>