Kaufmann v. Philadelphia

Citations

• 235 Pa. 276
• 83 A. 708
• 1912 Pa. LEXIS 538

Syllabus

<p>Road Haw— Widening street — Title to land — Dedication—Deed— Damages,</p> <p>1. Where a lot 137 feet deep abuts on a street sixty-six feet wide, and the city by ordinance widens the street to seventy-two feet, by taking a three feet wide strip on each side, but providing that existing buildings shall not be affected until altered or re-built, and thereafter the owner conveys the land by deed in which it is described as 131 feet deep on a seventy-two feet wide street, and the grantee in turn conveys the land by the same description to another person, such third grantee can claim no damages for the widening when he re-builds according to the building line of the widened street. In such a case the first deed made the three feet wide strip a part of the street as effectually as a formal dedication to the use of the public could have made it.</p> <p>2. The fact that the coping and steps of the building extended onto the strip of land included in the widening of the street is unimportant as affecting the rights of the parties, if the encroachment was not beyond the limits of the usual permissive use of city streets.</p>