Ebert v. Mishler

Citations

• 234 Pa. 609
• 83 A. 596
• 1912 Pa. LEXIS 696

Syllabus

<p>Deed — Easement—Passageway—G ontract.</p> <p>An owner of land conveyed by deed to an adjoining owner a strip of land five feet wide fronting on a street and extending back to an alley at a distance of 120 feet with the provision that the strip should be used as an addition to the width of a street or passageway belonging to the grantee, and not for any other purpose, and that the same should be used as an open thoroughfare at all times. The street thus widened was thereafter used by both owners. Nineteen years after the date of the deed, the grantor’s successors in title agreed with the grantee’s successor to permit the latter to build over the former’s line two feet for a distance of 59 feet. The former was to have the use of the wall on paying one-half of its cost. It was also agreed that the latter should leave open a passageway five feet wide in and through his building for ingress and egress of the other owner. The buildings were erected in accordance with the agreement but were burned down nine years afterwards. In the course of reconstruction the subsequent owner of the buildings attempted to close up the five feet passageway. Held, that the agreement did not extinguish the easement created by the prior deed, and that the owner should be enjoined from closing the passage.</p>