Binder v. Weinberg

Citations

• 94 Miss. 817
• 48 So. 1013

Syllabus

<p>Pabty Walls. Easement. Grant. Necessity. Code 1906, §§ 3561-3565. Rights of oioners. Executed license. Estoppel.</p> <p>Where under an oral agreement adjacent owners erect on their lots a two-story building with a party wall on the boundary and a common hall-way for the second story over the wall, contemplating that the hall-way should be kept open for passage and to light and ventilate the rooms on the second floor:—</p> <p>(a) The agreement did not create an easement by grant; and</p> <p>(h) An easement of strict necessity is not implied, where, as here, an interference with the right of the complainant to have the hall-way unobstructed is remediable at a reasonable expense; and</p> <p>(e) A deed from one of the parties to a third person conveying his lot “together with all improvements thereon, party wall agreements thereunto appertaining, and easements,” does not show an easement when none existed before; but</p> <p>(d) The agreement, erection and use of the building constituted an executed license, and the grantee in the deed is estopped to take one-half of the hall-way and erect a permanent structure thereon, interfering with light, ventilation and passage; since</p> <p>(e) 'The deed is sufficient to put the party on notice that there were party wall agreements, the full nature and extent of which he was required to ascertain; and</p> <p>(f) The rights of the parties to have the hall-'way kept free from obstruction is not within Code 1906, §§ 8561-3566, providing how walls may become party walls, regulating compensation therefor and preventing their removal or impairment in value.</p>