Dzmura v. Gyurik

Citations

• 41 Pa. Super. 398
• 1909 Pa. Super. LEXIS 73

Syllabus

<p>Easement — Vendor and vendee — Sewer—Equity.</p> <p>Where an owner of land subjects part of it to an open, visible, permanent, and continuous service or easement in favor of another part, and then aliens either, the purchaser takes subject to the burden or the benefit as the case may be. This is the general rule founded on the principle that a man shall not derogate from his own grant. Anyone taking the servient tenement, takes it subject to such easement; and if he attempts to interfere with its use, a court of equity has jurisdiction to restrain him, when the facts are undisputed as to the right.</p>