Eshleman v. Parkesburg Iron Co.

Citations

• 235 Pa. 439
• 84 A. 399
• 1912 Pa. LEXIS 567

Syllabus

<p>Deeds — Recording acts — Notice—Duty of inquiry — Diversion of water — Waters—Easement.</p> <p>Where a person purchases land through which runs a stream with full notice of the existence of a dam on the land of an upper riparian owner, which diverted the waters of the stream, it is his duty to inquire as to the source of the right to divert the water, and if he failed to make such inquiry, when by reason thereof he could have learned that the right existed by an unrecorded agreement between the upper riparian owner and a person who owned both tracts at the date of the unrecorded agreement, he cannot maintain an action of trespass against the upper riparian owner for the diversion of the waters of the stream.</p>