Lease v. Doll

389 A.2d 1096, 256 Pa. Super. 226, 1978 Pa. Super. LEXIS 3181
CourtSuperior Court of Pennsylvania
DecidedJuly 12, 1978
DocketNo. 359
StatusPublished
Cited by2 cases

This text of 389 A.2d 1096 (Lease v. Doll) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lease v. Doll, 389 A.2d 1096, 256 Pa. Super. 226, 1978 Pa. Super. LEXIS 3181 (Pa. Ct. App. 1978).

Opinions

HOFFMAN, Judge:

Appellants contend that the lower court erred in restricting the use of their easement to a footpath. We affirm the decree of the court en banc.

In 1952, the common grantor of both appellants’ and appellees’ land conveyed appellants’ land to appellants’ predecessor in title. Because the parcel conveyed was completely landlocked, the deed expressly granted appellant an easement over the land retained by the grantor. The easement provides, the parcel’s only access to a public road and is created by the following language: “UNDER AND SUBJECT to the following restriction: that a right of way is granted to the grantees and their heirs and assigns leading from the southeast corner southward on the West side of the stream of water from the said corner to the public road. That the grantees and their successors may at all times have the right to use same as an outlet from the premises hereby conveyed to the public road.” The right of way follows the stream which marks its eastern boundary and extends from the public road to appellants’ property.1 In 1953, the common grantor sold his land, the servient tenement, and, in 1956, the original owner of the dominant tenement sold her interest in the property. The original owner of appellants’ tract did not own a car. Appellants herein purchased their tract in 1974, appellees in 1971. Prior to 1952, and at the time of the creation of the easement, residents of the area used the western bank of the subject stream as a footpath to travel between two public roads. With infrequent exception, since the 1952 deed severed title, access to appellants’ parcel has been by foot. When vehicles were used to gain access to appellant land, appellants’ predecessors in title asked and received permission to drive to the tract. More[229]*229over, due to the generally soft and damp ground next to the stream, the vehicles were driven slightly west of the stream. On two occasions cars that drove over the right of way became mired in the soft ground and had to be pulled out. Two persons testified that between 1953-56 and between 1965-71, they farmed the servient tenement and, in planting crops, they plowed so that only a pathway wide enough for foot traffic existed along the stream bank.

In 1965 or 1967, the prior owner of appellees’ land created a small parking area for his own cars along the public road, west of the right of way. This resulted in an embankment defining the eastern edge of the parking lot and limiting the right of way to an area of 12-14 feet between the embankment and the edge of the stream. At certain times of year the owner of the servient estate piled brush on the embankment, again limiting the usable space to a footpath. The embankment and brush were in existence and visible when both parties hereto acquired their respective tracts.

When appellants purchased their land in 1974, they began to improve the right of way by dumping stones to permit vehicle access to their land. Appellants dumped stone in an area just west of the stream bank and to a width sufficient for cars to pass over. Appellees stopped the addition by stone by constructing a fence on their property which effectively limited the easement to a footpath.

On June 25, 1974, appellants filed a complaint in equity seeking to enjoin appellees from interfering with access to the right of way. On July 16, 1974, appellees filed an answer and counterclaim.2 Following the denial of preliminary motions, the court held a hearing on June 30, 1975, and issued an adjudication and decree nisi on July 3, 1975. This

[230]*230decree provided that the easement extended from the center line of the stream to the nearest edge of the embankment on appellees’ property. If the width was sufficient, appellants could improve the right of way for vehicles.3 Pursuant to appellees’ petition for a rehearing, the court opened the first decree nisi and conducted a second hearing oh December 18, 1975. On February 13, 1976, the court issued a second adjudication and decree nisi which declared that the easement is of sufficient width to provide for reasonable and convenient travel by foot, but not of sufficient width to provide for access by motor vehicle.4 On April 7, 1977, the court en banc, dismissed appellants’ exceptions to the decree nisi and entered a final decree. This appeal followed.

Appellants contend that the lower court erred in restricting the use of their easement to pedestrian traffic. More particularly, they argue that the language of the grant and the nature of the benefitted land combine to show that the parties to the original grant did not intend to restrict the way to a footpath. In construing the express grant of an easement our Supreme Court has stated the applicable standard:

“The same rules of construction that apply to contracts are applicable in the construction of easement grants. Percy A. Brown & Co. v. Raub, 357 Pa. 271, 54 A.2d 35 (1947). When there is doubt concerning the meaning of a contract we have said: ‘In the construction of any contract, certain principles must guide us: (a) if there is any doubt as to the meaning of a term of a contract, such term should “receive a reasonable construction and one that will accord with the intention of the parties; and, in order to ascertain their [231]*231intention, the court must look at the circumstances under which the [contract] was made” . . . .; (b) in construing a contract we seek to ascertain what the parties intended and, in so doing, we consider the circumstances, the situation of the parties, the objects they have in mind and the nature of the subject matter of the contract: . . . .’ United Refining Co. v. Jenkins, 410 Pa. 126, 137—38, 189 A.2d 574 (1963). (Emphasis supplied).” Sigal v. Mfrs. Light and Heat Co., 450 Pa. 228, 234-35, 299 A.2d 646, 649 (1973). In Merrill v. Mfrs. Light and Heat Co., 409 Pa. 68, 73, 185 A.2d 573, 575 (1962), the Court elaborated further:
“To ascertain the nature of the easement created by an express grant we determine the intention of the parties ascertained from the language of the instrument. Such intention is determined by a fair interpretation and construction of the grant and may be shown by the words employed construed with reference to the attending circumstances known to the parties at the time the grant was made. Ambiguous words are to be construed in favor of the grantee.” (footnote omitted). See also Garan v. Bender, 357 Pa. 487, 55 A.2d 353 (1947). Thus, in the first instance we look to the language of the grant of the right of way. If an ambiguity exists, we then consider all the attending circumstances existing at the time of the agreement so as to determine the purpose of the parties.

In the case at bar, the language of the deed does not specify the width of the right of way; it only describes the way in general terms as running southward on the west side of the stream.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

DeSimone v. Kessler
47 Pa. D. & C.5th 525 (Lackawanna County Court of Common Pleas, 2015)
Lease v. Doll
403 A.2d 558 (Supreme Court of Pennsylvania, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
389 A.2d 1096, 256 Pa. Super. 226, 1978 Pa. Super. LEXIS 3181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lease-v-doll-pasuperct-1978.