Appeal, No. 219, April T., 1960, from order of Court of Common Pleas of Greene County, June T., 1958, No. 29, in case of Blair T. Beglin et ux. v. Charles Balazick et al. order reversed.
W. Robert Thompson, with him Thompson and Baily, for appellant.
R. Wallace Maxwell, for appellees.
Before Ervin, Wright, Wooeside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).
[ 195 Pa. Super. Page 496]
This is an action to quiet title to a triangular tract of land composed primarily of an old State highway. See Pa. Rules of Civil Procedure 1061-1066.
Helen Balazick has title to a lot in Jefferson Township, Greene County, with a frontage of 120 feet and a depth of 180 feet on which is erected a hotel. When she purchased it on July 13, 1943, it fronted on a road known as Legislative Route No. 30051. Plans for relocating the road had been signed by the Governor November 17, 1942. Thereafter, the Commonwealth constructed an improved highway according to the above
[ 195 Pa. Super. Page 497]
plan. After the new road was constructed, the Secretary of Highways, with the approval of the Governor, declared the old road vacated.
The new and old roads separate about 100 feet north of the hotel property and merge again about 200 feet south of it. At no place are the two roads more than approximately 50 feet apart. The new road is 50 feet to 75 feet from the front of the Balazick property. The only access to the new road from the Balazick property is over the old road. The highway department plans for the construction of the new road show that a ramp was to be constructed directly in front of the Balazick property providing access to the new highway. I was never constructed, and a six or seven foot embankment makes access to the new highway impossible at any place directly in front of the Balazick property.
After the construction of the new highway and the action of the secretary on the abandonment of the old highway in 1946, Mrs. Balazick and numerous people who came to her premises continued to use the old highway to get to and from her property. In 1957, Blair T. Beglin and Margaret Beglin, his wife, plaintiffs in this action, placed fence posts across the road. Balazick tore them down.
The Beglins then brought this action to quiet title to a triangular tract of approximately one-tenth of an acre composed largely of the old road in front of the Balazick and adjoining properties. The Beglins purchased the land from the Emerald Land Company for $125 on April 19, 1957. The Beglin triangular tract starts at the north corner of the Balazick lot and the old road. From there its border line passes through the old road in a northerly direction for 100 feet to the right of way of the new road; then along the edge of the new road in a ...