Weaver v. Getz

Citations

• 16 Pa. Super. 418
• 1901 Pa. Super. LEXIS 88

Syllabus

<p>Easement — Right of way — Right of way by deed — Nonuser.</p> <p>A person who acquires title by deed to an easement appurtenant to land has the same right of property therein as he has in the land, and it is no more necessary that he should make use of it to maintain the title than it is that he should actually occupy or cultivate the land; hence his title is not affected by nonuser; and, unless there is shown against him some adverse possession or loss of title in some of the ways recognized by law, he may rely on the existence of his property with full assurance that, when the occasion arises for its use and enjoyment, he will find his rights therein absolute and unimpaired.</p> <p>The fact that another right of way than that acquired by deed was used, is no evidence of abandonment of the right of way acquired by deed, in the absence of any proof that the owner of the land obstructed such right of way.</p> <p>Equity — Jurisdiction—Easement—Right of way.</p> <p>A person having an easement of a right of way over the lands of another may enforce his right in equity. He is entitled to a remedy that will restore him to enjoyment, and is not confined to actions at law for damages resulting from obstructions.</p>