Harmon v. Burow

Citations

• 263 Pa. 188
• 106 A. 310
• 1919 Pa. LEXIS 395

Syllabus

<p>Deeds — Building restrictions — Covenants running with the land —Dwelling house — Waiver.</p> <p>1. The erection of a duplex dwelling house does not violate a building restriction which limits the grantee to the erection of a single building, namely, “a detached dwelling house.”</p> <p>2. A provision and restriction that “no structure of any kind shall be erected or permitted upon said premises or any part thereof, unless the plans for the same shall have been first submitted to and approved” by the grantor, or his legal representative, is a covenant running with the land, is a lawful contract, and enures to the benefit of other lot owners in a plan of lots in accordance with which the deed was made.</p> <p>3. In such a ease the fact that the grantor made no serious attempt to prevent the erection of two other buildings in the plan of lots, without his approval, does not constitute a waiver on his part, or affect the rights of other lot owners, if it appears that such acts did not materially interfere with the general purpose of the plan, or injuriously affect the value of other lots, particularly where the grantee made his contract after these acts had been performed. .</p>