Bornot v. Bonschur

Citations

• 202 Pa. 463
• 52 A. 44
• 1902 Pa. LEXIS 547

Syllabus

<p>Boad law — Widening streets — Ordinances.</p> <p>Where an owner of property draws back his property line from the established line of the street, the space abandoned comes under the jurisdiction of city councils for all future uses public or otherwise as they may determine; and if the owner in subsequent deeds to different persons refers to this space, but without any covenant in reference to it, and without any reservation to himself or them of any rights therein, and with no grant of any easement of light or air or way different from those of the general public, created by the dedication to public use, the grantees in the deeds, and those claiming under them have no special rights in the space thus dedicated.</p> <p>If in such a case the city passes an ordinance providing that the street shall be “of the width of sixty feet widening equal!3' on both sides from the center line,” and further providing that “ after the confirmation and establishment of the said lines it shall not be lawful for any owner or builder to erect any new building or to rebuild or alter the front of any building now erected without making it recede so as to conform to the lines established for a width of sixty feet,” the legal consequences are that as to all future alterations the properties within the thirty feet line from the center, will be obliged to recede, and on the other hand those outside of the same line are released from previous restrictions by the consequent vacation of so much of the old street, and the restoration of it to the abutting properties.</p> <p>When in obedience to the authority and direction of councils a street is stricken off the city plan by the department, it has no longer any warrant for existence as a public street. There is no appeal or review by any judicial tribunal, and nothing further required for a complete legal vacation. The direction of councils, however, is incomplete and not fully effective until the department has acted and put the new lines on