Dewar v. Carson

Citations

• 259 Pa. 599
• 103 A. 343
• 1918 Pa. LEXIS 455

Syllabus

<p>Deeds — Building restrictions — Building line — Covenants — Construction — Intention—Restricted space — Lowering grade — Erection of poles — Laying of street railway tracks — Bill in equity — Injunction. '</p> <p>1. While building restrictions are enforceable, they are not favored by the law, and covenants relating to them are not to be extended by implication.</p> <p>2. Words contained in a building restriction in a deed are to be interpreted in the light of the manifest object or purpose of the parties in using them. The meaning and extent of the building restrictions which were within the contemplation of the parties at the time it was imposed must prevail.</p> <p>3. Where the deeds to a number of lots abutting on a street in a residential district provide that “no dwelling house or other building of any kind shall ever be erected or placed on said lot within twenty feet” of the street and that “a space of twenty feet shall always be open and clear of buildings or parts of buildings whatsoever” and the owners by a supplemental agreement duly recorded, increase the space to forty feet and covenant with each other “not to build or erect or suffer to be built or erected a building of any character whatever” in such space, a street railway company which has purchased two of the lots will be enjoined from lowering the grade of its lots within the restricted space and erecting poles and laying tracks thereon for a loop, on which street cars of large dimensions would pass or stand during any hour of the day or night.</p>