Bright v. Allan

Citations

• 203 Pa. 394
• 53 A. 251
• 1902 Pa. LEXIS 734

Syllabus

<p>Party wall — Extent of use — Prescription.</p> <p>Where a wall between two properties was built by the former owner of both properties with the intent that it should be used as a party wall, and it was so used always afterwards, the right to so rise it cannot be disputed, although it may stand entirely upon one of the properties.</p> <p>In case of the prescriptive use of a party wall, the right is limited to the extent to which the wall has been used.</p> <p>Trespass — Wrongful use of wall as party wall — Estoppel.</p> <p>Where a person goes upon the property of another, and wrongfully and without any claim of right builds upon a wall, he is a trespasser, and he will be compelled by injunction to remove the wrongful construction, and cannot allege that the owner is estopped because he had knowledge of the erection and made no protest.</p> <p>When both parties are aware of their respective rights, the doctrine of estoppel has no place in law or equity.</p>