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​Higbee Corporation and Kennedy Both Claimed Title to a Narrow

Question 132

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​Higbee Corporation and Kennedy both claimed title to a narrow strip of property located in Bethel Park, Allegheny County, Pennsylvania. Higbee filed suit to quiet title. The original grant on the property to Kennedy provided as follows:

To have and to hold the said piece of land above-described the hereditaments and premises hereby granted or mentioned and intended so to be with the appurtenance unto the said party of the second part his heirs and assigns to and for the only proper use and behoove of the said party of the second part his heirs and assigns forever provided the party of the second part his heirs and assigns wishes to make use of it for the purpose of a road. THE PARTY OF THE SECOND PART AGREES TO KEEP A GOOD FENSE AROUND THE ABOVE-MENTIONED LOT, FAILING TO DO SO FORFEITS HIS CLAIM, whenever the party of the second part wishes to give up his claim to said lot he is to have full privilege to remove all fencing materials whenever the party of the second part his heirs and assigns fails to fulfill this agreement the land is to revert to the party of the first part.
What type of land interests were created?

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​The court held it was a fee s...

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