Logan v. Smith

Citations

• 71 Pa. Super. 419
• 1919 Pa. Super. LEXIS 127

Syllabus

<p>Beal property — Ways—Private lanes — Easements.</p> <p>Where no express grant is alleged, and an easement is sought to be implied, as attached to the grant of a fee the same must clearly appear from the intention of the parties, as shown by the terms of the grant, the situation of the property, and the res gestee of the transaction.</p> <p>Ways — Adverse possession — Easement—Case for jury.</p> <p>A right-of-way created by deed may be extinguished by possession held adversely for a period of twenty-one years, and, where evidence was offered tending to show that a lane had been enclosed and occupied exclusively for more than twenty-one years, the case is for the jury as to whether or not the right-of-way existed.</p>