McKinley v. Ulery

Citations

• 47 Pa. Super. 353
• 1911 Pa. Super. LEXIS 163

Syllabus

<p>Easement — Bight of way — Deeds—Parol testimony — Trespass.</p> <p>1. Where an owner of a lot divides it into two portions, and conveys the southernmost portion reserving a right of way over twelve feet running along the northern side of the portion conveyed, and thereafter conveys the remaining portion by a deed in which he grants the right of way over twelve feet of ground extending along the south side of the lot conveyed, and thereafter in all subsequent deeds in the line of title of the two lots, the same right of way is reserved in one line and granted in the other, the mere fact that at one time a stable opening only on the dominant tenement was built over one end of the right of way and subsequently moved, will not extinguish the right of way over the land on which the stable stood, where the evidence shows tbat the use of the land for stable purposes had been acquiesced in by the owners of both properties, and there is no contention that the length of the right of way had by such use been shortened, or any portion of the original easement lost, or that the easement had been surcharged, although the owners of the servient tenement could make no use of the soil while covered by the stable.</p> <p>2. When the description in a deed or devise is clear and explicit, and without ambiguity, there is no room for construction, or for the admission of parol evidence, to prove that the parties intended something different.</p>