Rieger v. Stoudt

Citations

• 39 Pa. Super. 59
• 1909 Pa. Super. LEXIS 437

Syllabus

<p>Easement — Right of way — Obstruction—Nuisance—Prescription■—Deed —Injunction—Equity.</p> <p>A person upon whose land an easement of a right of way for the benefit of adjoining land has been established for sixty years either by deed or by prescription, has no right to obstruct and close up the right of way merely because the adjoining owner maintains an ash and garbage pile and other things along or near the right of way amounting in the opinion of the servient owner to a nuisance; and if he attempts to do so the obstruction which he puts up will constitute a nuisance to the right of way which a court of equity may abate by injunction.</p>