Hettrick v. Eby

Citations

• 62 Pa. Super. 21
• 1915 Pa. Super. LEXIS 391

Syllabus

<p>Road law — Alley—Obstruction of alley — Damages—Deed—Reservation in deed.</p> <p>Where property is purchased that has been subjected to the easement of an alley in existence at the time the property adjacent thereto was owned by a common grantor and reserved in the conveyances of adjoining lots with an understanding with the common grantor that the alley should be open for continuous use, and the alley has been used continuously by the public from the date of such ownership to the date of purchase and buildings had been erected on the land purchased, conforming to the lines of the alley, the purchaser is affected with actual notice of the alley’s existence and the property purchased will be subject to the easement, although no reservation of the alley appears in the purchaser’s deed.</p> <p>The measure of damages for the obstruction of an alley is the cost of restoring the property injured to its former condition, unless such cost would exceed the value of the property, in which ease the value is the measure of damages.</p>