Edmondson v. Dolinich

SPAETH, Judge:

This appeal is from a judgment granting possession of a fifteen foot wide alley to appellees. The lower court held that appellees had acquired title to the alley by adverse possession. We have concluded, however, that appellees proved only sporadic and non-exclusive use of the alley. We therefore reverse.

Prior to this action both appellants and appellees acquired an easement over the alley by virtue of its description in their deeds. See Hoover v. Frickanisce, 169 Pa.Super. 443, 82 A.2d 570 (1951). On July 12, 1979, however, appellees filed a declaration of adverse possession in…