Login

Login

To access this feature, please Log In or Register for your Casebriefs Account.

Add to Library

Add

Search

Login
Register
Register

Pritchard v. Rebori

Law Dictionary
CASE BRIEFS

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
AA
Font size

Property Law Keyed to Cribbet

View this case and other resources at:
Bloomberg Law

Citation. 22 Ill.135 Tenn. 328, 8 Thompson 328, 186 S.W. 121 (1916)

Brief Fact Summary. Rebori (Defendant) conveyed land to Pritchard (Plaintiff) along with a covenant against incumbrances. When Plaintiff began construction of a warehouse in accordance with the specific legal description in the deed from Defendant, the Southern Railway Company notified Plaintiff that his construction was encroaching on a pre-existing right of way easement in favor of the railway.

Synopsis of Rule of Law. The general rule is that in determining boundaries resort is to be had, first, to natural objects or landmarks, because of their permanent character, next to artificial monuments or marks, then to the boundary lines of adjacent owners, and then to courses or distances. The general rule is not an absolute or inflexible rule.


Facts. Defendant conveyed land to Plaintiff along with a covenant against incumbrances. When Plaintiff began construction of a warehouse in accordance with the specific legal description in the deed from Defendant, the Southern Railway Company notified Plaintiff that his construction was encroaching on a pre-existing right of way easement in favor of the railway. The right of way of the railway was to run 50 feet from tracks along the way. However, the portion of the right of way near Plaintiff’s property lies in a cut and there is a retaining wall built by the railway, which is only about 15 feet from the tracks. When the Defendant had his lot surveyed, the surveyor indicated the edge of the fence as the end line of the right of way and the legal description in Plaintiff’s deed reflected that misapprehension. In order to remove the incumbrance and continue building, the Plaintiff had to convey two parcels of property to the railway company, which the railway company took as consider
ation for conveying to Plaintiff the portion of the right of way necessary for Plaintiff to continue construction. Thereafter, Plaintiff sued Defendant for the recovery of damages incurred as the result of the breach by Defendant of the covenant against incumbrances in the deed.

Issue. What is the proper measure of the description contained in the deed to Plaintiff from Defendant?
See More Course Videos

Create New Group

Casebriefs is concerned with your security, please complete the following