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BERTHA REED AND GERALDINE HUNTSBERGER v. DALE L. REESE ET AL. (10/08/76)

decided: October 8, 1976.

BERTHA REED AND GERALDINE HUNTSBERGER, APPELLANTS,
v.
DALE L. REESE ET AL.



COUNSEL

William R. Mark, Shippensburg, for appellants.

Tom H. Bietsch, Carlisle, for appellees.

Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Jones, C. J., took no part in the consideration or decision in this case. O'Brien, Roberts, Pomeroy and Nix, JJ., concur in the result.

Author: Eagen

[ 473 Pa. Page 323]

OPINION OF THE COURT

This is an appeal by Bertha Reed and Geraldine Huntsberger (hereinafter Reed) from a final decree in equity. The facts found by the chancellor and affirmed by the court en banc are as follows:

In October of 1956, West End Land Company (hereinafter Company) prepared a plot plan, "Spring House Subdivision Plan," for a parcel of land it owned in the Borough of Shippensburg, Cumberland County. This plan (hereinafter 1956 Plan) was not recorded until January 13, 1969, and then recordation was without acknowledgement and without approval by the Planning Commission or the Borough Council of Shippensburg as required by ordinance.

The 1956 Plan divided the parcel of land into six Blocks, A through F. Block C is divided into fourteen lots, a "park area," and two walkways leading from streets to the park area.

[ 473 Pa. Page 324]

On July 12, 1962, Company conveyed a lot in Block C to Reed. The deed was recorded July 25, 1962 and described the lot conveyed as:

"All that certain piece or parcel of land situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, designated on the Spring House Sub-Division of building lots in Block 'C', Lot no. 5, said plot to be left for recording in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, bounded and described as follows:"

This description is followed by a metes and bounds description in which Lots 4 and 6, as well as streets found on the 1956 Plan, are designated as reference points. Lot 5 of Block C or Reed's lot does not abut the park area or the walkways, but is within the same Block and access to the park area could be had by proceeding down either street abutting Reed's lot to the walkways leading to the park area as provided for on the 1956 Plan.

In March of 1966, Company commissioned a new survey of the parcel and prepared a new plot plan (hereinafter 1966 Plan) which makes no reference to a park area or the walkways thereto provided for within Block C on the 1956 Plan.

On March 3, 1967, Company conveyed a tract of land to Chateau Terrace, Inc. (hereinafter Chateau) which included all of Block C as described on the 1956 Plan, Lot 5 or Reed's lot excepted, in addition to part of Block B as designated on the 1956 Plan. The deed was recorded on March 4, 1967 and described the property by metes and bounds ...


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