Black v. Hartrick

Citations

• 247 Pa. 504
• 93 A. 638
• 1915 Pa. LEXIS 875

Syllabus

<p>Mechanics’ liens — Separate buildings — Adjoining lots — Single claim, — Dwelling houses — Claim by subcontractor — Description of curtilage — Act June 4, 1901, P. L. 481, Sec. 28:</p> <p>1. A single claim cannot be filed by a subcontractor for materials furnished and work done on two separate buildings and under two separate and distinct contracts between the owner and general contractor, where the structures are separated by fences which form separate enclosures for each, where both properties abut upon public avenues to which they have separate and direct access, and each building, including its curtilage, could be sold and conveyed without depreciating the value of either property.</p> <p>2. In a claim filed by a subcontractor for materials and labor furnished in the construction of a residence, the fact that the description of the land upon which the residence was erected contains more than is reasonably necessary as a curtilage, and includes the ground upon which another independent structure is located, ip not a sufficient defense. If the curtilage described contains more land than “should be justly included therein,” Section 23 of the Act of June 4, 1901, P. L. 431, furnishes an ample remedy to have the same restricted to what may be reasonably necessary.</p>