Pritchard v. Rebori

135 Tenn. 328, 186 S.W. 121 (1916)

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Nature of the Case

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Facts

Pritchard (P) purchased land from Rebori (D) which was located near railroad tracks. The railroad had an easement on the land upon which the tracks were located which extended 50 feet westward from the center of the track. The track lies at the bottom of a slope which covers some, but not all of the easement. At the base of the slope, the railroad company ran a fence for the purpose of retaining any dirt which might slide onto the tracks. The distance calls contained in the property description in the deed run to the fence, however, the deed also mentions that the boundary is the railroad's right of way. P began constructing a warehouse on the property, which, although consistent with the property description in P's deed, encroached upon the railroad easement. The railroad company notified P of this fact. In order to clear his property of the easement and continue building, P conveyed two other pieces of property to the railroad company. The railroad company quitclaimed the portion of the property which was covered in the property description in P's deed. P sued D for breach of the covenant against encumbrances to recover the expenses he incurred in clearing his title to the land. D argued that there was no encumbrance because the deed conveyed only to the boundary line of the railroad's easement.