Bosch v. Hoffman

Citations

• 42 Pa. Super. 313
• 1910 Pa. Super. LEXIS 331

Syllabus

<p>Easement — Bight of. way — Prescription—Adverse use — Act of April 25, 1850, sec. 21, P. L. 569.</p> <p>1. Since the Act of April 25,1850, sec. 21, P. L. 569, no right of way can be acquired by user or prescription to unenclosed woodland.</p> <p>Deed — Boad appurtenant — Road hy necessity.</p> <p>2. Where a road is expressly granted and its precise location and limits are fixed and defined by deed, no easement of another road or right of way is created by implication, unless it appears clearly from the surroundings and res gestas of the grant, that it was the intention of the parties that such easements sho,uld be created.</p> <p>3. No easement of one road upon another road can be created.</p> <p>4. A way of necessity can be presumed to have been granted, or reserved only when the necessity existed at the time of grant, and this right of way is presumed either to have been granted out of other lands of the grantor, or reserved to the grantor out of the land granted, never out of the land of a stranger. The law does not give a right of way over the land of other persons, to every owner of land who otherwise would have no means of access to it.</p>