Kirby v. Fitzpatrick

Citations

• 168 Pa. 434
• 32 A. 53
• 1895 Pa. LEXIS 817

Syllabus

<p>Party walls — Discretion of building inspectors — Thickness of wall.</p> <p>The discretion given by the act of Feb. 24, 1721, to the surveyors or regulators whose duties are now performed by the building inspectors, to “regulate the walls to be built between party and party, as to the breadth and thickness thereof,” has been modified by subsequent acts forbidding the erection of a wall of less than the prescribed minimum thickness, but it has never been taken away, or otherwise abridged.</p> <p>A builder, who without a permit erects a party wall of greater thickness than is required by the height and character of the building, cannot place one half of it on the adjoining lot, although the encroachment is within the maximum limit fixed by law. The extent of the use of the adjoining hind is within the discretion of the inspectors, and is to be determined by the character and size of the building to be erected.</p> <p>The building inspectors may in their discretion, because of the nature of the ground or the intended use of the building, or for other reasons, require the erection of a thicker wall without regard to the height of the building. If they do so the right to use more of the adjoining lot up to the maximum limit follows, but the necessity as far as it affects the right is to be determined by the inspectors, not by the builder.</p>