Strong v. Brinton

Citations

• 63 Pa. Super. 267
• 1916 Pa. Super. LEXIS 149

Syllabus

<p>Deeds — Covenants—Encumbrances—Railroad right of way.</p> <p>An encumbrance within the meaning of an agreement to sell land clear of all encumbrances exists, where it appears that an owner in the line of title had released to a railroad company a right of way over the land by an agreement which provided that no nonuser of the strip of the land in question by the railroad company, or its successors, or any user or occupation by the owner, his heirs or assigns by residence or otherwise, for any period of time shall affect the right of the railroad company and its successors to the entire and exclusive possession of the strip of land in question.</p> <p>When a person protects himself against an encumbrance by a positive covenant that the property is to be conveyed to him clear of all encumbrances, he is entitled to the benefit of his contract whether he had knowledge of the existence of the encumbrance or not.</p> <p>Where a person entered into an agreement in writing to convey land clear of encumbrances and it appears that a railroad company operated a railroad on a right of way over the land granted to it by a prior owner under a recorded release, and this is known to the vendee, and the parties on the day that the deed is delivered agree in writing that a portion of the purchase-money should be retained by the vendee to be held until it was determined whether the railroad right of way was an encumbrance on the land within the meaning of the articles of sale, the court will subsequently on' the case stated between the parties adjudge that the vendee was entitled to retain the portion of the purchase-money in his hands.</p>