Brown v. The Penn Central Corporation

510 N.E.2d 641 (1987)

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Nature of the Case

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Facts

Penn Central (D) was the successor in interest to a grant of an easement that dated from 1871. D ceased operations and abandoned the right of way in 1973. D still collected rent from two tenants who were occupying the space on the depot and railroad property. Brown (P) and others brought an action to quiet title in the property to themselves. The trial court held that D got nothing more than an easement with respect to the right of way and that was extinguished from nonuse. The court ruled that the depot and railroad property was vested in fee simple. The deed in question was a preprinted form with handwriting to insert the description of the lands. The preprinted form was prepared by the original railroad company that had acquired the right of way. P appealed the finding of over the property for a fee simple.