Duross v. Singer

Citations

• 224 Pa. 573
• 73 A. 951
• 1909 Pa. LEXIS 841

Syllabus

<p>Deed — Alley—Easement.</p> <p>1. The grant of a fee subject to an easement carries with it the right to make any use of the servient soil that does not interfere with the easement, and this right cannot be abridged by words used in the granting clause unless the intention to limit the estate is clearly expressed or is a necessary implication from the words used. A restriction cannot be imposed upon a clear grant by merely naming one of its incidents. The rule that a deed or grant will be construed most strongly against the grantor applies with especial force to the restriction in a deed.</p> <p>2. Where an owner of land grants title to the soil of an alley in fee with a reservation to owners of other lands to the use of the alley, but with the privilege to the grantee to build over the alley “ at the same height and of the same depth as the same is now built over,” the grantee and his successors in the title are not restricted from building over the alley to a greater depth.</p>