Russel v. Woodbury

Citations

• 53 Pa. Super. 618
• 1913 Pa. Super. LEXIS 229

Syllabus

<p>Adverse possession — Title—Restricted occupancy — Easement—Right of way — Prescription.</p> <p>1. Where a person, purchases a lot of ground and at the time of the purchase has an understanding with the grantor that he may use a strip of land adjoining the land purchased for the purpose of ingress and egress, and for drying clothes, but not to build thereon, the grantee cannot by such restricted occupancy of the strip for over twenty-one years acquire title to it by adverse possession; but if he builds a stone walk on the strip next to his house, and constructs at the street line a brick wall across the strip with a gate therein leading to the walk, and the walk is used for over thirty years openly and adversely, such adverse use will give an easement of a right of way by prescription.</p> <p>2. Where one uses an easement whenever he sees fit, without asking leave, and without objection, it is adverse.</p>