Perkinpine v. Hogan

Citations

• 47 Pa. Super. 22
• 1911 Pa. Super. LEXIS 107

Syllabus

<p>Vendor and vendee — Incumbrances—Sewers.</p> <p>1. An easement is a liberty, privilege or advantage without profit which the owner of one parcel of land may have in the lands of another; or from an opposite point of view, it is a service which one estate owes to another.</p> <p>2. Where land has incident to it a right to carry water from a sewer over other grounds, the easement is for the benefit and advantage of such land, and is not covered by an agreement to convey a title free and clear of all easements.</p> <p>3. An incumbrance is a right to or interest in land which may subsist in third persons to the diminution of the value of the land, but consistent with the passing of the fee by a conveyance.</p> <p>4. Where it appears that the owner of a house and lot will not be compelled to connect with a sewer in the street on which the premises front so long as a private sewer remains in existence, the cost that a proposed purchaser of the land would be put to if he elected, and only if he elected, to connect the premises with the sewer in the street, does not constitute an incumbrance within the meaning of the words in articles of sale, if it appears that there is no existing ordinance requiring such connection to be made.</p> <p>5. Where articles of sale provide that the title shall be “such as will be insurable at regular rates by title insurance companies,” such provision will not justify the purchaser from refusing to take a deed for the land because a single title insurance company refused to insure the land.</p>