Scaggs v. Gallagher
Scaggs v. Gallagher
Opinion of the Court
delivered the opinion of the Court:
The decree below was right. That this alley had been assessed for taxes as the property of the trustees and never had been accepted as a public alley is quite beside the question. The moment the trustees conveyed the Gallagher parcel with a recognition of the existence of this alley, which was reasonably necessary to the enjoyment of the parcel conveyed, the easement of the grantee became fixed and the title of subsequent grantees of the other parcels, including the grantee of this alley, was burdened with this easement. The rule is so well established and has been so frequently and carefully stated that we shall not dwell upon it. In Frizzell v. Murphy, 19 App. D. C. 440, where the owner of two adjoining lots, having built a house on each, the second story of one house projecting over the adjoining-lot 3 or 4 feet, conveyed the lot upon which this house stood with the improvements, easements, rights, and privileges thereto, appertaining, it was held that neither the grantor nor anyone claiming under him thereafter could challenge the situation.
In the present case, the power of the trustees to subdivide lot 1 in the manner shown on the diagram is not questioned, nor could it be, since the reservation of this alley rendered more salable each of the other parcels, and especially enhanced the value of the Gallagher parcel, which otherwise could have been entered from the front only. In view of the situation then existing, it is too plain to admit of doubt that the existence of the alley was taken into consideration by the parties when the sale of the Gallagher parcel was made. Having sold that parcel with reference to the alley, the grantors could not thereafter derogate from their grant by interfering with the enjoyment by the grantee of the easement impliedly granted. And what could not be done by the original grantors obviously may not be done by appellants, their grantees.
Decree affirmed, with costs.' Affirmed.
Reference
- Full Case Name
- SCAGGS v. GALLAGHER
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Easements; Deeds; Equity. Where, for purposes of sale, the title of a lot is vested in trustees, and the lot is divided into three parcels and an alley, and one of the lots is sold, the deed of conveyance describing it as being bounded by the alley and conveying all the easements appertaining to the lot, the easement of the grantee in the alley becomes fixed, and the title of subsequent grantees of the other parcels becomes burdened with the easement; and one of such grantees cannot destroy such- easement by acquiring the legal title to the alley from the trustees. Under such circumstances, the fact that the alley was, until such acquisition, assessed for taxes in the name of the trustees and had never been ■accepted by the municipality as a public alley, is immaterial.' (Citing Frizzell v. Murphy, 19 App. D. C. 440; Wood v. Grayson, 22 App. D. C. 432; Wilson v. Riggs, 27 App. D. C. 550, and Robinson v. Hillman, 36 App. D. C. 241.) Note. — On right of grantee to claim an easement, implied covenant, or estoppel, as against the grantor, by a call in a deed for a street or alley in which the grantor owns the fee, see note in 14 L.R.A.(N.S.) 878. On bounding land on alley as covenant that alley exists, where grantor does not own the fee thereof, see note in 10 L.R.A.(N.S.) 964.