Barnett v. Plummer

Citations

• 5 Sadler 34
• 8 A. 59
• 44 Leg. Int. 292
• 19 Week. No. 117
• 1887 Pa. LEXIS 528

Syllabus

<p>General words in a conveyance passing all ways with the land conveyed, occupied or enjoyed, will not convey to the vendee a way which originated in the user by the vendor of his own land for his own convenience, and which had no existence prior to the unity of possession of the vendor.</p> <p>A covenant by a lessor to convey to the lessee at his option for a fixed price and during the term, “the lot of ground and buildings thereon erected and now leased to him,” the description in the lease ending with the words “the lessee to take the buildings as they now stand,” does not give the lessee a right to a conveyance of the soil of an alley not included in the metes and bounds, but over which the second story of the demised buildings extended.</p> <p>Note. — All easements necessary to the enjoyment of the property pass as appurtenances without mention of them. Murphy v. Campbell, 4 Pa. 480. The rule is different where the right is not necessary, but merely convenient. Howell v. M’Coy, 3 Rawle, 271; Messer v. Rhodes, 3 Brevst. (Pa.) 180. A right of way appurtenant to the land is appurtenant to every part, and if the land is divided, each grantee has an interest in it. Myers v. Birlcey, 5 Phila. 167; Bhret v. Gunn, 166 Pa. 384, 31 Atl. 200; Ermentrout v. Stitzel, 170 Pa. 540, 33 Atl. 109.</p>