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HEINLY v. KECK (06/15/60)

June 15, 1960

HEINLY
v.
KECK, APPELLANT.



Appeal, No. 12, Oct. T., 1960, from decree of Court of Common Pleas of Lehigh County, Jan. T., 1958, No. 1, in case of William M. Heinly v. Ruth A. Keck. Decree affirmed.

COUNSEL

Wallace H. Webster, Jr., with him Webster, Cutshall & Worth, for appellant.

Wilson A. Wert, with him Snyder, Wert, Wilcox, Frederick & Doll, for appellee.

Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ.

Author: Gunther

[ 192 Pa. Super. Page 538]

OPINION BY GUNTHER, J.

This appeal involves a boundary dispute. In 1922, William M. Heinly became the owner of a certain piece of property in North Whitehall Township, Lehigh County, fronting 60 feet on a public highway and extending

[ 192 Pa. Super. Page 539]

    back southwardly some 200 feet to an alley. Appellant, Ruth A. Keck, became the owner of the premises adjoining appellee's property to the east in January, 1954. At the time appellee acquired his property, there was a fence on the line between his property and that of appellant's predecessor in title, which was maintained by appellant's predecessor in title down to 1928. In 1928, this fence was torn down and a metal fence was erected, along the same line, again by appellant's predecessor in title, which remained there until sometime in 1945, when this fence was removed. Since that time, no fence existed between the two properties in question.

In 1922, appellee established a driveway along the easterly side of his premises which was used for automobile traffic by him. At that time, there was a pavement erected along the front of the property, now owned by appellant, which pavement ended at the fence. During all this time, there appeared to be no dispute as to the boundary line between the two properties.

In August, 1955, appellant caused to be erected a wooden fence which was erected, in part, along the tire tracks in appellee's driveway. For many years prior to this, appellee had two slabs of slate or flagstone lying east of the tire tracks of the driveway and west of the former fence on appellant's property. These flagstones were removed in the construction of the fence. Previous to the erection of this fence, appellant had her property surveyed and this survey disclosed her property line to be along the tracks of the driveway. Appellee also had his property surveyed which disclosed his line as running alongside the former fence between the two properties. At that time, appellee notified appellant that if the fence were constructed on the wrong line, it would have to be

[ 192 Pa. Super. Page 540]

    removed. After the construction of the wooden fence by appellant, appellee was unable to use his ...


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