Kao v. Haldeman

728 A.2d 345, 556 Pa. 279, 1999 Pa. LEXIS 1131
CourtSupreme Court of Pennsylvania
DecidedApril 20, 1999
StatusPublished
Cited by17 cases

This text of 728 A.2d 345 (Kao v. Haldeman) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kao v. Haldeman, 728 A.2d 345, 556 Pa. 279, 1999 Pa. LEXIS 1131 (Pa. 1999).

Opinion

OPINION OF THE COURT

FLAHERTY, Chief Justice.

This is an appeal by allowance from an 'order of Superior Court which affirmed an order of the Court of Common Pleas of Bucks County denying, in part, injunctive relief sought by the appellants, Dr. Chi-Chien Kao and his wife Dr. Te Hua Liu, Carol C. Snyder, and Terry Hummel. Appellants own an easement for a private road that serves their properties, and they seek to prevent a nearby property owner from trespassing thereon.

The easement, which is located in the Borough of Langhorne, is known as West Watson Avenue. See map, infra. The width of the easement is forty feet, but the portion that has been paved with gravel or blacktop for use as a road is much more narrow, ranging from eleven to slightly more than sixteen feet. There are points where the road is barely wide enough for two cars to pass; hence, drivers must proceed very carefully, and, at certain points, a driver might need to pull to the side and stop to let another pass. The road incorporates a small bridge over a creek at the border of the Snyder and Kao/Liu properties. Appellants own residential properties along the northern edge of the easement. Blaze Enterprises, Inc. (Blaze) shares ownership of the easement and owns undeveloped land that borders its southern edge. The owners of property at the eastern end of the easement, Scott and Judith Haldeman, have been using the easement for access to their residence.

Haldemans’ use of the easement is one of preference, not necessity, inasmuch as they have access to their property from a public street, Maple Avenue. They have no ownership interest in West Watson Avenue and have not been granted a license for its use. Appellants initiated this action to enjoin that use, and to recover damages for deterioration caused to the easement. Blaze has remained neutral in this matter, neither objecting to Haldemans’ use nor granting permission therefor.

Because the paved portion of the easement extends past the Hummel and Snyder properties and terminates midway in front of the Kao/Liu property, the remaining length of the easement from that point to the Halde-man border has been maintained in grass and shrubbery. Appellants claim that Haldemans have driven over the grass and [347]*347shrubbery, destroying it, and that through ongoing use have caused the unpaved portion of the easement to deteriorate into muddy ruts. They also claim that Haldemans drive at excessive speeds, which, in addition to posing a safety hazard, causes gravel to be thrown from the road surface onto adjacent grounds. Further, appellants object that they bear the costs of maintaining their private road, thus incurring the expenses of paving, plowing, and bridge maintenance, while Haldemans make use of it free of charge.

The properties owned by appellants and Blaze were part of a common subdivision plan, created in 1919, that encompassed West Watson Avenue. Haldemans’ property was not a part of that subdivision. It was, in fact, acquired from a different grantor. Haldemans did not, therefore, acquire an easement by implication. See Sentz v. Crabbs, 428 Pa.Super. 205, 208, 630 A.2d 894, 895 (1993) (“An easement by implication arises after it is clear that a particular division of property was created by a common grantor and, without specifying that an easement over one of the estates was granted, by implication the use of the parcel would not be possible without the existence of the easement.”). Appellants’ grantor retained no interest in the land constituting West Watson Avenue. The land was offered for dedication to public use, but the Borough of Langhorne did not accept it. The statutory period for. acceptance later expired, and West Watson Avenue forever lost its potential as a public street. Prior to the present litigation, it was determined on appeal to Superior Court that appellants and Blaze own title in fee extending from their respective lots to the center line of West Watson Avenue, subject to the rights of passage of any who share in the easement. Kao v. Haldeman, 442 Pa.Super. 648, 659 A.2d 9 (1995) (memorandum opinion). See generally Rahn v. Hess, 378 Pa. 264, 106 A.2d 461 (1954) (ownership of lots abutting streets).

In the present case, the trial court denied appellants’ request for a permanent injunction to prevent Haldemans from using West Watson Avenue, and, likewise, denied their claim for damages. The court did, however, enjoin Haldemans from using the northern half of the road, i.e., the side in which appellants have fee ownership to the center line, thus leaving Haldemans free to drive on the southern half. An appeal was taken, and Superior Court affirmed.

We granted allowance of appeal as to the limited issue of whether an easement holder has a right to enjoin a trespasser from using the easement. On the basis that the courts below too narrowly construed appellants’ right to exclude trespassers from their easement, we reverse.

It has long been recognized that intrusions upon private easements may be enjoined. Mershon v. Walker, 215 Pa. 41, 64 A. 403 (1906) (injunctive relief granted against the owner of a building that adjoined a private alley, requiring removal of structural features that encroached over the easement for the alley). See also Schmoele v. Betz, 212 Pa. 32, 35, 61 A. 525, 526 (1905) (“[Djefen-dants [as owners of adjoining property] ... have neither ownership nor easement in the soil of the alley and, therefore, have no right to utilize or obstruct the alley for any purpose.”). See also Baylor v. Decker, 133 Pa. 168, 173, 19 A. 351, 351 (1890) (“The fact that a man is owner of an adjoining piece of property, be it land or water, does not confer a right to trespass on the land or water of his neighbor.”)

An easement for a private road is private property that can be protected through appropriate legal process. Chambersburg Shoe Mfg. Co. v. Cumberland Valley R.R. Co., 240 Pa. 519, 524, 87 A. 968, 970 (1913). When, as occurred here, lots are sold according to a subdivision plan on which a street has been plotted by the grantor, the purchasers acquire property rights in the use of the street. “Such a right is sometimes called an ‘easement of access’ which means the right of ingress and egress to and from the premises of the lot owners. It is a property right appurtenant to the land which cannot be impaired or taken away without compensation_” Id. at 524-25, 87 A. at 970. “But that this is a private right of property in the lot owner and not a public right of passage existing independently of the grant, must be considered as settled law in [348]*348our State.” Id. at 525, 87 A. at 970 (emphasis added).

Appellants and Blaze are the only owners of property to which the easement' for West Watson Road is appurtenant.1 Haldemans, having no ownership in the easement, are treating it as though it were a public street. The street forever lost its character as a public way, however, when the Borough of Langhorne failed to accept its dedication to public use. As we explained in Rahn v. Hess,

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Cite This Page — Counsel Stack

Bluebook (online)
728 A.2d 345, 556 Pa. 279, 1999 Pa. LEXIS 1131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kao-v-haldeman-pa-1999.