Seidler v. Wain

Citations

• 266 Pa. 361

Syllabus

<p>Easement — Private right-of-way — Deeds—Reservations—Way in gross — Way appurtenant — Abandonment — Increase of traffic — Equity — Injunction—Findings of fact — Appeal.</p> <p>1. A right-of-way granted to the owners, tenants and occupiers for the time being of certain land, is an easement appurtenant to the land, which includes not only the right to use the way by the respective owners for the time being, but also by their families, and others who, through permission of such owners, may desire to visit their homes for any lawful purpose.</p> <p>2. The court below stated grantees’ (plaintiffs’) rights too broadly when, in answer to one of plaintiffs’ requests, it was said, as a conclusion of law, that plaintiffs, their families, servants, visitors '“or others to whom they may grant permission,” are entitled to the use of the way.</p> <p>3. As a rule it seems that no unlawful additional burden is imposed on the lands of a servient estate by an increased number of persons using an unlimited right-of-way to which the land is subject; and so, if such a right is granted to a person who afterwards erects tenement houses on his land, the way may be used by his tenants.</p> <p>4. On a bill in equity to restrain the obstruction of a private right-of-way, the appellate court will not reverse a finding of fact by the chancellor, based on sufficient evidence, to the effect that neither plaintiffs, nor their predecessors in title, participated in any endeavor, the purpose and effect of which was to increase the burden on defendants’ servient estate, of a character and extent to justify a finding that the former had renounced, abandoned or extinguished their rights of easement.</p> <p>5. On a bill in equity to enjoin the closing of a certain “paved carriageway” it appeared that, in 1887, the owner of a tract of land, lying between public roads north and south, conveyed the southern portion thereof by a deed in which he reserved to himself, “his heirs and assigns, being the owne