Citizens' Electric Co. v. Davis

Citations

• 44 Pa. Super. 138
• 1910 Pa. Super. LEXIS 142

Syllabus

<p>Deed — Deed of partition — Easement—Bight of way.</p> <p>1. Where several tenants in common of a tract of land execute a deed of partition of the land, and in the deed provide that certain roads thereon “shall be used, enjoyed and maintained by the parties hereto, their heirs and assigns forever hereafter as perpetual easements over the several purparts which the same may cross,” the way thus provided for is not one by implication or necessity, but by express grant, and is appurtenant to every part of the land with which it is connected and the right to its use passes to every one to whom any part of that land is thereafter conveyed.</p> <p>2. A right of way cannot be destroyed by mere nonuser. Adverse occupancy for the statutory period must be added to nonuser by the dominant owner in order to extinguish an easement.</p> <p>3. Where a deed of partition of land reserves to all the parties thereto a right of way over an existing plank road on the land divided, the mere destruction of the planks by a flood and the failure to replace them, does not extinguish the easement, and this is especially so where the deed contains a mutual covenant for repairs.</p> <p>4. The remedy for an unauthorized use of a right of way is by action. Such use does not justify an obstruction of the way.</p>