Webber v. Vogel

Citations

• 159 Pa. 235
• 28 A. 226
• 1893 Pa. LEXIS 1501

Syllabus

<p>Deeds — Grant of coal — Right of way — Mines and mining.</p> <p>Where a deed conveys “all the merchantable coal lying and being” within certain boundaries, with “ the free and uninterrupted right of way for the purpose of digging, mining and carrying away the said coal,” the grantee in the deed, or his successor in title, has no right to take through the pit, or over the surface of the tract, coal from an adjoining tract owned by him.</p> <p>In such a case where the mining privileges are expressly restricted to the coal conveyed, the fact, that both tracts were formerly owned by one person, who used a visible road or way over the surface of the coal conveyed to transport coal from the other tract, does not entitle the grantee in the deed to such right of way.</p> <p>Such a case is not governed by the rule that, where an easement or servitude is imposed by the owner on one portion of his real estate for the benefit of another, a purchaser of it at a private or judicial sale, without an express reservation, takes the property subject to the easement or servitude.</p>