Binswanger v. Hyman

Citations

• 271 Pa. 296
• 114 A. 628
• 1921 Pa. LEXIS 499

Syllabus

<p>Deeds — Covenants—Building restrictions — Strict construction— Not extended by implication — Porches—Findings of chancellor— Review.</p> <p>1. While the findings of a chancellor as to whether a building restriction in a deed has been violated, is entitled to great weight, it is still the duty of the appellate court to determine whether the result reached was based on a proper understanding of the facts proven, and a correct application of the legal principles.</p> <p>2. Restraining covenants in a deed are strictly construed against the person seeking to enforce them, and all doubts resolved in favor of natural rights and the privilege of the owner to exercise untrammelled control of his own land.</p> <p>3. Such covenants are not to be extended by implication, where the provisions are clear and unambiguous.</p> <p>4. Where a deed for one of a row of houses 'of similar construction, provides that no building nor porch in front of the lot conveyed shall extend beyond a line specified, and at the time of the conveyance there was a one-story porch in front of the building within the line specified and open in front and on each side, the owner may erect a new porch of similar character, and extending to the roof, and he cannot be enjoined from doing so because the new porch might affect the light, air and prospect of adjoining houses, and affect the uniformity of the row, if the deed does not provide to the contrary.</p> <p>5. If at any time an effort should be made, by enclosure, to convert the proposed porches into rooms, or to make other alterations to justify the conclusion that the building line has been, in effect, moved to a point within the prohibited distance, relief can be obtained by appropriate proceedings.</p>