Bennett v. Biddle

Citations

• 140 Pa. 396
• 21 A. 363
• 1891 Pa. LEXIS 853

Syllabus

<p>1. The rule that mere possession, however long continued, will not give title under the statute of limitations, is applied to a right of way claimed by prescription. In order to give title, such right must not only have been enjoyed without interruption for twenty-one years, but that enjoyment must have been adverse to the right of the owner of the land.</p> <p>2. When each of two brothers, owning adjoining farms, permitted the other to pass over his fields as a matter of mutual accommodation, and, after the title of one had passed to a stranger, such travel was continued for more than twenty-one years, but in the same spirit of accommodation, the user by neither party was adverse to the other, and no easement was acquired thereby.</p>