Benner v. Pollard

Citations

• 53 Pa. Super. 227
• 1913 Pa. Super. LEXIS 157

Syllabus

<p>Party walls — Building laws — Intention.</p> <p>1. A party wall is a right which an owner of land has to build a division wall partly over his line on the land of another. Where, then, the wall is built on the land of the owner without the intention to give to it the quality of a party wall, it is a division wall. The statute applies only where the wall is built on land owned by different parties.</p> <p>2. The intention of the builder of a wall is to be taken into consideration whether it is to be regarded as a party wall.</p> <p>3. Where an owner of several lots, on one of which a three-feet alley was located, erected a building on one of the lots adjoining the lot on which the alley was located, and by mistake encroached with the foundation of the building from four to six inches over on the lot on which the alley was laid out, it will not be presumed that the owner intended that the encroaching wall should be a party wall, so as to give a subsequent purchaser of the lot on which the alley was located the right to compel the closing of windows in the wall.</p> <p>Appeals — Assignments of error — Equity.</p> <p>4. Where, on an appeal in a suit in equity, it appeared that the decree of the court below consisted of several sections relating to different prayers of the complainant, assignments of error setting forth these distinct adjudications do not violate Rule 14.</p>