Godino v. Kane

Citations

• 26 Pa. Super. 596
• 1904 Pa. Super. LEXIS 362

Syllabus

<p>Easement — Alley—Adverse use — Prescription—Remedy at law.</p> <p>An uninterrupted use of an alley for a period of twenty-one years unexplained is sufficient to create a right by prescription and to authorize a presumption of a grant.</p> <p>Where the use of an easement is apparent and continuous, the burden is on the owner of the land to show that the easement was enjoyed under some permission or contract not consistent with the right claimed by the other party.</p> <p>Where one uses an easement whenever he sees fit, without asking leave and without objection, the user is adverse.</p> <p>Where a person claims title to an easement in an alley by adverse user for more than twenty-one years, and the owner of the land denies the title and alleges that the user was permissive only, equity has no jurisdiction. The remedy is at law.</p>