Fogal v. Swart

Citations

• 37 Pa. Super. 217
• 1908 Pa. Super. LEXIS 266

Syllabus

<p>Easement — Building inspection — Extinguishment of easement — Statute of frauds.</p> <p>A parol agreement between the owners of servient and dominant tenements will not extinguish a servitude created by deed; this can be only by deed or note in writing, or operation of law.</p> <p>Where the plaintiff in a bill in equity asserts against the defendant a building restriction line established by the former owner of the lots of the plaintiff, the defendant and others, the defendant cannot avoid the restriction by proof that plaintiff’s vendor had verbally assented to the abolition of the building line, and had subsequently signed an agreement in which all the lot owners joined agreeing to its abolition, if it appears that such agreement was signed by the son of the vendor, without authority, verbal or written, and was not called to the attention of the father until after the date of the deed to the plaintiff.</p>