Ballatori v. Tavani

Bok, P. J.,

— This is a bill in equity to compel defendants to remove a building which they have constructed over an alleyway in which plaintiffs claim an easement.

Discussion

Under the evidence, it is clear that plaintiffs, in common with the owners of other portions of 1901 to 1929 Point Breeze Avenue, had an easement of a passageway and watercourse over the alley in the rear of those premises.

This alley was originally laid out in 1909 by John W. Shisler, who then owned the entire tract. Thereafter, when he conveyed various parts of the tract to different grantees, each grantee acquired title…