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· 11/30/1918

Schultz v. Grove

Citations

  • 70 Pa. Super. 494
  • 1918 Pa. Super. LEXIS 285

Syllabus

<p>Deeds — Estate in fee — Easement of right of way — Covenant.</p> <p>Where a deed grants, bargains and sells land, particularly described by boundaries, and states that “the said piece of land is to be twenty-five feet wide for the privilege of a road,” and further contains a clear, unequivocal conveyance to the grantee of every right of reversion that otherwise might remain in the grantor, and this is followed by the usual habendum clause, and a covenant of general warranty, without any right of entry reserved, the deed conveys to the grantee an estate in fee in the land, and not a mere easement of a right of way over the soil.</p> <p>A grant declared to be for a special purpose, without other words, cannot be held to be a condition.</p>

Judges: Head, Henderson, Kephart, Orlady, Porter, Trexler, Williams

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