Haas v. Bergen

Citations

• 167 Pa. 408
• 31 A. 652
• 1895 Pa. LEXIS 922

Syllabus

<p>Alley — Uasemeni.</p> <p>An alley was laid out for the use of a building on its south side. Subsequently the property both north and south of the alley became vested in the same person, who by deed conveyed the property on the south to defendants’ predecessor in title. The lot was described in the deed as “ extending in length or depth along the east side of Fifteenth street to an alley three feet wide laid out at the distance of seventy-three, feet north of Filbert street, leading into and from the said Fifteenth street for the accommodation of this and the other lots of ground on the south of the said alley. .... Together with the free and common use and privilege of the aforesaid three-feet-wide alley, and of a water course therein, at all times hereafter forever.” The same grantor subsequently conveyed the lots on the north side of the alley, with the free and common use, right, liberty and privilege of this alley. Held, that the owner of the property on the south side of the alley had no right to the exclusive use of the alley as against the owner of the property on the north.</p>