DeSanno v. Earle

Citations

• 273 Pa. 265
• 117 A. 200
• 1922 Pa. LEXIS 564

Syllabus

<p>Deeds — Covenants—Restrictions—Recital — Personal covenants —Covenants running with the land — Building restrictions — Design and location of building — Ambiguity—Construction by parties.</p> <p>1. In construing covenants in deeds restricting the use of land, such stipulations will be construed against the grantor and in favor of the free and unrestricted use of the property, and nothing will be regarded as a violation of the condition that is not in plain disregard of its express words.</p> <p>2. The test in determining whether a particular covenant runs with the land is the intention of the parties, and, to ascertain such intent, resort may be had to the words of the covenant read in the light of the surroundings of the parties and the subject of the grant.</p> <p>3. If the language is ambiguous, and the parties have put their construction on it in the past, such construction is considered the best evidence of their intent.</p> <p>4. The mere recital of a restriction in later deeds can not have the effect of enlarging the original obligations of a covenant in an earlier deed, whatever they were.</p> <p>6. Tbe liberty to the free enjoyment of land conveyed in fee simple is not perpetually destroyed by a covenant which requires the construction of a single building of defined material, design and location, “of. sufficient value to secure” a yearly ground rent assessed on the premises by the deed, where there are no words of perpetuity in the deed.</p> <p>6. Such a covenant is merely a personal one, and is performed by the construction of the building contemplated at the time it was made, and continues only so long as such building remains in existence.</p>