Sharpless v. Willauer

Citations

• 39 Pa. Super. 205
• 1909 Pa. Super. LEXIS 464

Syllabus

<p>Equity — Bight of way — Interference with easement.</p> <p>1. A bill in equity will lie to restrain a defendant from using and occupying as a private lawn, a strip of ground alleged to be a street to the use of which the plaintiff is entitled as a way appurtenant to his land; but the bill will be dismissed on demurrer if it fails to aver the facts which make the plaintiff’s right clear.</p> <p>2. In such a case a mere averment that the strip had at one time been a public street is insufficient, if it appears that it had been vacated as a street, and there is no averment that any person either bought or sold a lot of ground calling for the street as a boundary during the time the street was a public highway.</p> <p>3. Where an easement or other right is not expressed and is sought to be implied as attached to the grant of the fee, the same must clearly appear from the intention of the parties as shown by the terms of the grant, the surroundings of the property and the other res gestee of the transaction.</p>