Wickham v. Twaddell

Citations

• 25 Pa. Super. 188
• 1904 Pa. Super. LEXIS 39

Syllabus

<p>Road law — ■Plan of lots — Deed—Dedication.</p> <p>Where an owner lays out his land in lots according to a plan showing streets and avenues, and the plan is recorded, every person subsequently talcing title to a lot has constructive notice of the existence of the streets and avenues. Such a person is a purchaser by implied covenant of the right that the street shall remain open; and the vacation of a street by the municipal authorities will not divest his right to have the space left open as a street. This conveyed right of way as appurtenant to the land is wholly distinct from the public right of passage.</p> <p>Estoppel — Silence—Deed—Title.</p> <p>Silence will not postpone a title where the party seeking the postponement on the ground of silence is hirpself aware of the title, nor where it results from ignorance on the part of the owner, nor where, with knowledge of his title, he is ignorant that others are making improvements in ignorance of it.</p> <p>The owner of a lot in a suburban plan is not required to assume that every newcomer will disregard the notice furnished by the public records, nor to employ a surveyor to ascertain whether his rights had been invaded every time a fence is built, or a hedge planted in a growing town.</p> <p>Road law — Deed—Plan of lots — Encroachment on street — Estoppel.</p> <p>An owner laid out lands according to a plan showing streets and avenues, and recorded the plan. Deeds were made to various parties for the lots. The deed to the plaintiff made in 1886 referred to the plan. Defendant took title in 1891 by mesne conveyances. His deed did not refer to the plan, but did refer to certain avenues. The land was in an unincorporated town. In 1892 defendant erected fences and planted hedges in such a way as to encroach on two of the streets as laid down in the plan, and referred to in his deed. It did not appear that defendant had actual knowledge of the plan. Plaintiff although living within one square of the defendant’s propert