Hawkes v. Philadelphia

Citations

• 264 Pa. 346
• 107 A. 747
• 1919 Pa. LEXIS 650

Syllabus

<p>Road law — Unopened streets — Deed—Implied easement of right-of-way — Presumption — Res gestee — Rebuttal — Estoppel—Boundaries — Dedication—Damages—Act of May 9,1899, P. L. 178.</p> <p>1. Where land is conveyed bounded by an unopened street projected by a municipality, tbe grantee by implication acquires an easement over tbe bed of that street, unless tbe circumstances attending tbe conveyance and tbe description of tbe grant negative such implication. Such act is in no sense a dedication, nor does tbe owner covenant that tbe municipality shall in tbe future open that street. Tbe lot is Sold subject to a possible relinquishment, by tbe municipality, of its right to open; but, if it does open tbe street for public use, whatever covenant springs from tbe conveyance of a lot so bounded, is executed when tbe street is actually opened as a street. The “attending circumstances” which defeat tbe implication of a covenant or easement must be gathered from tbe instrument conveying tbe land, and tbe res geStse of tbe transaction.</p> <p>2. When tbe city relinquishes its right to open by proper municipal action, one of tbe inducing features held out to tbe grantee to purchase disappears but tbe implied contract or easement of a way from tbe lot as between grantor and grantee is not destroyed. It is, however, limited to such way as may be reasonably necessary to tbe enjoyment of the lot or lots sold, corresponding in its essential requirements to the street named in the deed. The grantor and his assigns are estopped from asserting the contrary.</p> <p>3. In a proceeding against the City of Philadelphia to assess damages for the value of a piece of land forming the northern half of the bed of Arch street between two streets named. The court will direct judgment against the plaintiff where it appears that prior to May 21, 1858, the portion of Arch street was plotted on the city plans, but not opened; that on May 21, 1858, the owner’s predecessor in title conveyed the land nor