Francis v. Dean

Citations

• 80 Pa. Super. 108
• 1922 Pa. Super. LEXIS 26

Syllabus

<p>Equity — Building restrictions — Garage—Residential district— Decree.</p> <p>In a suit in equity to enjoin the defendant from converting the space under her front porch into a garage, the bill will be dismissed where such use of the defendant’s property does not constitute a nuisance in itself, or violate any building restrictions.</p> <p>Where the defendant seeks to change the space under a front porch, which had formerly been used for storing coal, into a place for keeping her automobile, and in so doing does not encroach on a prohibitive building line, she cannot be held to he violating the terms of her deed, and an injunction will be dismissed.</p> <p>Building restrictions should be narrowly construed as being in derogation of the full rights of ownership of the person holding title to the property.</p>