EASEMENTS - EXTINGUISHMENT BY ADVERSE POSSESSION OF SERVIENT OWNER - CHARACTER OF ACTS NECESSARY

Authors

Abstract

In I 902, Y, the owner of riparian land, granted to W, by deed then recorded, the flowage rights over such land. Some years later by general warranty deed containing no reference to the easement, the servient land was conveyed to L, from whom by similar successive conveyances it came to the plaintiff. In the interval the flowage rights had passed to the defendant, and in 1931 the latter erected a dam across the river and flooded the plaintiff's land. Thereupon the plaintiff brought this action for damages. The trial court held that, though all the owners of the servient land subsequent to Y had exercised acts of ownership over it, there was no showing that the easement had been extinguished by adverse possession. Held, judgment affirmed. Graham v. Safe Harbor Water Power Corp., 315 Pa. 572, 173 Atl. 311 (1934).

Recommended Citation

EASEMENTS - EXTINGUISHMENT BY ADVERSE POSSESSION OF SERVIENT OWNER - CHARACTER OF ACTS NECESSARY, 33 Mich. L. Rev. 1270 (1935).
Available at: https://repository.law.umich.edu/mlr/vol33/iss8/23