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EDWARDS ET UX. v. JULIAN. (04/13/60)

April 13, 1960

EDWARDS ET UX., APPELLANTS,
v.
JULIAN.



Appeal, No. 11, Feb. T., 1960, from decree of Court of Common Pleas of Wayne County, June T., 1957, No. 4, in case of Fred Edwards et ux. v. Alice W. Julian. Decree affirmed.

COUNSEL

Leigh B. Maxwell, for appellants.

Lester R. Male, for appellee.

Before Rhodes, P.j., Wright, Woodside, Ervin, Watkins, and Montgomery, JJ. (gunther, J., absent).

Author: Rhodes

[ 192 Pa. Super. Page 122]

OPINION BY RHODES, P.J.

This is an appeal from the decree of the Court of Common Pleas of Wayne County dismissing appellants' bill in equity. Appellants, who have an easement in a driveway across appellee's land, sought to enjoin appellee from using the driveway and from using lands adjacent thereto for a parking lot for guests of appellee's hotel located on the east side of route 90 in Dreher Township. The private driveway extends westerly from route 90 over the two lots now owned by appellee to lands of appellants.

The question presented here in the right of appellee to use the driveway for access to the parking lots.

After a hearing the court below filed an adjudication in which it concluded that appellee's use of the

[ 192 Pa. Super. Page 123]

    lots for parking was neither a nuisance nor an interference with the right of way reserved to appellants' predecessor in title. Accordingly, the court below refused an injunction and dismissed the bill. Appellants' exceptions were dismissed and the decree nisi was made final. This appeal followed.

Since appellants did not dispute the facts as found by the court below, appellants' argument is based upon alleged error in the court's conclusions of law. Appellants' contention is that the right of way created across appellee's two lots and in favor of appellants was, in legal effect, an easement or right of way appurtenant to three dominant estates, consisting of appellants' land and appellee's two lots, and that appellee has no right in law to impose additional burdens on the easement or right of way by using it for parking as to other lands of appellee to which the right of way is not appurtenant.

Appellants purchased lands in Dreher Township, Wayne County, which were not situated along a public highway. The deeds contained no provision for right of way. On April 14, 1944, Charles Edwards and wife conveyed two parcels of land to Henry Arneberg and wife, which lands were adjacent to the eastern boundary of appellants' land. These two parcels were bounded on the east by route 90 and on the west by appellants' lands. This deed contained descriptions of the two parcels both bounded by the center of the driveway in question and further provided: "Excepting and reserving from the two within parcels a driveway which runs between the said two parcels; said driveway being 12 feet in width and shall be kept open as a ...


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