Brown v. Penn Central Corp.
Supreme Court of Indiana
510 N.E.2d 641 (Ind. 1987)
Relevant factsFree
An 1871 deed gave a railroad a right-of-way plus the "right" to use an adjoining strip of land "for depot and railroad purposes"; that interest eventually passed to Penn Central (defendant), which later abandoned the railroad right-of-way entirely but kept collecting rent from tenants (plaintiffs) occupying the adjoining strip. The tenants sued to quiet title, and the trial court and intermediate appellate court both held the railroad owned the strip in fee simple; the tenants appealed further.
IssueFree
Whether a deed conveying to a railroad a right-of-way and the right to use adjoining land for specified purposes creates only an easement on the adjoining land, rather than transferring fee ownership.