Landell v. Hamilton

Citations

• 175 Pa. 327
• 34 A. 663
• 1896 Pa. LEXIS 1252

Syllabus

<p>Deeds — Covenants running with the land — Equity.</p> <p>In equity, the test by which to determine whether a covenant in a deed runs with the land is the intention of the parties; to ascertain such intention, resort must be had to the words of the covenant read in the light of the surroundings of the parties and the subject of the grant.</p> <p>Where a building restriction is still of substantial value to a dominant lot, notwithstanding the changed use of the land and buildings, equity will restrain its violation if relief is promptly, sought.</p> <p>In 1831 H. was the owner of three adjoining lots of ground on the south side of Chestnut street near Twelfth in the city of Philadelphia. All of the lots extended to Sansom street. In that year the neighborhood was confined to residences. It is now exclusively given up to business. On each of the two outer lots H. built a three and one-half story brick house, covering the entire front, the main buildings extending back fifty-one feet, then back buildings for dining room and kitchen two stories high extending sixty-six feet further back, five feet six inches narrower than the main building, leaving that width between the walls of the buildings and the lines of the middle lot. He also built a house on the middle lot, the main building being the same as the other two, with no back building, the kitchen being in the basement, the windows looking south towards Sansom street. In 1832 H. conveyed both the eastern and western lots for the consideration of $19,000 for each lot, with the condition, “ That no building or part of a building, other than steps and railings, cellar doors, door frames, window shutters, eaves and cornices,' shall hereafter be.-built or erected on the said hereby granted lot of ground within five feet of the south line of the said Chestnut street. And the said H., for himself, his heirs, executors, administrators and assigns, doth hereby covenant, promise and agree to and with the said grantee, his he