Provident Life & Trust Co. v. Fiss

Citations

• 147 Pa. 232
• 23 A. 560
• 1892 Pa. LEXIS 819

Syllabus

<p>Ground rents — Covenants running with land.</p> <p>Where the owners of a large lot of ground encumbered by a ground rent, convey a portion of the lot reserving to themselves a ground rent, and covenanting to save harmless the grantee against the paramount ground rent, and giving him a right of distress upon the remaining portion of the lot if he suffers loss, the covenant so created does not attach to the second ground rent but to the land unsold, and when this land passes to other parties, it passes encumbered by the covenant pledging it as security to the grantees of the small lot against the paramount ground rent.</p> <p>Set-off — Breach of covenant.</p> <p>In an action on a ground-rent deed the terre tenant cannot set off damages arising from a breach of covenant occurring while the title was in his predecessors.</p>