Heron v. Houston

Citations

• 217 Pa. 4

Syllabus

<p>Party wall — Deed—Covenant.</p> <p>An owner of two adjoining lots executed deeds for the same to two separate parties. The first deed contained this covenant “And in case said building is over twenty feet in width and extends over the line of said lot next to F. Street, the wall so extending partly over said line shall remain so and be held as a party wall between this and the adjoining lot owner so that K., his heirs and assigns, shall not be compelled to take it down past his own pleasure.” The second deed contained the following covenant: “In case the building erected on the adjoining lot now owned by me should extend over the line of said lot and upon the lot herein described, the wall of said building so extending on said line shall remain so and bo held as a party -wall between this and the adjoining lot owner, so that K., his heirs and assigns, shall not be compelled to take down or remove said wall past his own pleasure.” Held, that the two covenants could not be construed as, in effect, an agreement between the respective vendees and their successors in title, that the wall then existing should remain as a party wall, not to be taken down except at the pleasure of K., or those claiming under him.</p>