Friend v. Oil Well Supply Co.

Citations

• 179 Pa. 290
• 36 A. 219
• 1897 Pa. LEXIS 634

Syllabus

<p>Landlord and tenant — Easement—Servitude—Railroad bridge — Eviction.</p> <p>Where a continuous and apparent easement or servitude is imposed upon land, a lessee of the servient property in the absence of an express reservation or agreement on the subject takes the property subject to the easement or servitude.</p> <p>Plaintiff leased land to the defendant on which there had stood in practically the same condition for many years a railroad viaduct. The rail-l-oad had the right to maintain the viaduct on the land, under condemnation proceedings and under a release of a former owner of the land. Subsequent to the date of the lease the railroad company found it necessary dux-ing a few months of defendant’s tex-m to x*epair and pi’actically reconstruct the viaduct. In consequence of this the defendant was more or less inconvenienced, and deprived of the beneficial enjoyment of a part of the premises during that time, but when this lease was made, the defendant was in possession under a former lease, and it retained the possession. exercising free contx-ol of the property, until the end of this lease. Held, that the defendant was not released from payment of rent either by the existence of the viaduct or the act of the x'ailroad in reconstructing it.</p>