Jessop v. Kittanning Borough

Citations

• 225 Pa. 589
• 74 A. 554
• 1909 Pa. LEXIS 705

Syllabus

<p>Equity — Injunction—Obstruction oj private way — Adverse possession —Boroughs.</p> <p>1. An owner of a lot of land abutting on private streets and alleys shown by a plan of lots may maintain a bill in equity against another person also a lot owner for obstructing one of the alleys, although he and his predecessors in title have obstructed and closed up another of the private alleys; and the plaintiff in such a case will not be required to remove the obstruction made by himself as a prerequisite to establish his equity against the defendant, where it appears that the obstruction had been maintained for so long a time as to give the plaintiff title by adverse possession.</p> <p>2. Occupation of land for twenty-one years adverse to a private right of way, and inconsistent with it, bars the right.</p> <p>3. Where a bill in equity is filed against a borough and a corporation to enjoin obstruction of a private right of way, and it appears that the borough did nothing more than pass an ordinance vacating the street as if it were a'public street, the corporation has no standing to complain that the borough was improperly joined as a party defendant. In such a case the joinder of the borough in no way injures the other defendant.</p>