St. Vincent's Roman Catholic Congregation v. Kingston Coal Co.

Citations

• 221 Pa. 349
• 70 A. 838
• 1908 Pa. LEXIS 489

Syllabus

<p>Landlord, and tenant — Lease—Lease for more than twenty-one years— Recording acts — Estate for years — Act of May 28, 1715, 1 Sm. L. 94— Statute of limitations — Reversion—Forfeiture—Surface support — Mines and mining.</p> <p>A lease for a term of more than twenty-one years is within the purview of the Act of May 28, 1715, 1 Sm. L. 94, so as to vest an estate for years, and not simply an interesse termini, in the lessee without his entering into possession.</p> <p>Where a lease of land for a term of 999 years, excepting the mineral with the right to mine without liability for injury to the surface, is duly recorded, a person whose adverse possession begins after the recording of the lease, and continues for twenty-one years acquires not the title of the owners of the fee, but the title of the estate for years which had vested in the lessee; and as the lessee had no right to surface support, the title by adverse possession against the lessee gives no such right. In such a ease the ouster of the lessee by the persons claiming by adverse possession is not sufficient to start the statute of limitations running against the owners of the land, in the absence of any evidence that the owners had ever forfeited the lease.</p> <p>While it is true that the tenant cannot deny the landlord’s title, it is equally true that the landlord cannot oust the tenant and repossess himself of the premises until the tenancy has been terminated. Until that event occurs the tenant has the right to the exclusive possession under his lease against the landlord as well as against any and all other persons who may not have a superior legal or equitable right. Reversioners and remainder-men are not affected by the statute of limitations until the precedent estate has been determined and their right of entry accrues.</p> <p>Forfeitures are not favorites of the law, and although a cause of forfeiture exists, it will not be enforced in the absence of affirmative action by the lessor in a contest b