Blauser v. Carson

Citations

• 74 Pa. Super. 223
• 1920 Pa. Super. LEXIS 126

Syllabus

<p>Beat property — Basements—Servitude—Apparent easements.</p> <p>Where a continuous and apparent easement is-imposed by the owner of real estate on a part thereof for the benefit of another part, the purchaser at private or judicial sale, in the absence of an express reservation or agreement, takes the property subject to the easement or servitude, even though it is not mentioned in his deed.</p> <p>An easement is such an interest in lands as under the statute of frauds and perjury cannot be conveyed by parol. It can be abandoned by parol agreement only where such agreement has been so far executed as to make it inequitable to rescind the same.</p> <p>The erection of a gate on a road, over which neighboring owners have a right of way, will not necessarily defeat such owners’ rights. It is a regulation of the means of entrance which may be for the common benefit of all, and if the use of the alley or road continues uninterruptedly, the mere presence of a gate cannot be regarded as an adverse possession.</p>