Liquid Carbonic Co. v. Wallace

Citations

• 219 Pa. 457
• 68 A. 1021
• 1908 Pa. LEXIS 601

Syllabus

<p>Easements — Ways—Intention—Vendor and vendee.</p> <p>Where an owner of land subjects part of it to an open, visible, permanent and continuous servitude or easement in favor of another part, and then aliens either, the purchaser takes subject to the burden or the benefit, as the case may be.</p> <p>The intent which litis at the basis of the creation of a -servitude is not the grantor’s actual and perhaps undisclosed intent, but the mutual intent of the parties as gathered from their acts and the circumstances as well as from their words.</p> <p>These rules apply to a road laid out on a part of a tract of land. If the road is apparent on the ground and is the only road practicable to have access to the land, and there is nothing upon the ground to show that it was not intended to be permanent, the inference is that the road was intended to be permanent; and a grantee of another portion of the land is entitled to draw such inference without regard to the grantor’s actual but undisclosed intent.</p>