Dobson v. Hohenadel

Citations

• 148 Pa. 367
• 23 A. 1128
• 1892 Pa. LEXIS 988

Syllabus

<p>[Marked to be reported.]</p> <p>Streets — Dedication of by description and plan.</p> <p>When a proprietor of land lays it out in lots, which he afterwards conveys according to a plan which shows that the lots are upon a street, the conveyance of the lots bounded on the street is a dedication of the land covered by the plotted street to the use of the lot owners as a means of access to their lots.</p> <p>Title of grantor and grantee — Dasements—Subsequent vacation of street.</p> <p>In such a case the grantor can retain no title to such street against the lot owners, unless it is by virtue of an express reservation in his deed.</p> <p>Grantor conveyed certain lots referring to a plan, which plan showed that the lots were on one side bounded by a street 120 feet in width, in the centre of which was located the line of a railroad. The city plan at this time corresponded to the plan referred to by the grantor, and showed this street with a width of 120 feet, in the centre of whieh was the line or right of way of the railroad, having a breadth of 66 feet, or 33 feet on each side of the centre line of the track. On each side of the right of way was a strip 27 feet wide. Two years later the city, by a revision of its plan, abandoned this street alongside the railroad. The grantee advanced his buildings and fences so as to inclose the strip from which the city receded. The grantor then brought this action, alleging title to the strip thus surrendered by the city.</p> <p>Held, (1) That the deed conveyed to the grantee title to the centre of the street, along the entire street front of the lots conveyed, and that there was no title left in the grantor to the land within the lines of the street on which the lots were laid out, and that grantor would be estopped by his own deed from denying the existence of the street, or interfering with its use by grantee.</p> <p>(2) That the title of the grantee was subject to certain existing rights which he was bound to respect. These we