Murphy v. Ahlberg

Citations

• 252 Pa. 267
• 97 A. 406
• 1916 Pa. LEXIS 605

Syllabus

<p>Real property — Conveyance—Deed—Construction—-Building restrictions — Unobstructed prospect — Bill in equity — Injunction.</p> <p>1. The general rule is that tbe language of a deed should be interpreted in the light of the apparent object or purpose of the parties and of the conditions existing when made.</p> <p>2. Certain lots in the residential section of a city were subject to a building restriction that the grantee “shall have the free and unobstructed right of light, air and prospect over and across the front of any other property now owned by the grantor” with the provision that the restriction should bind the heirs and assigns of both parties. At that time houses' were erected on the lots having open porches in front; subsequently the owner of one of the houses built a second and third story porch over the original porch. The owner of another of the houses, which, however, did not adjoin the one which was altered, whose view was interfered with by the new construction, brought a bill in equity to enjoin the violation of the restriction. The lower court directed the removal of the second and third story portion of the porch, and perpetually restrained defendant from erecting porches above the first story of the house. Held, no error.</p>