Rabinowitz v. Rosen

Citations

• 269 Pa. 482
• 112 A. 762
• 1921 Pa. LEXIS 591

Syllabus

<p>Deeds — Construction—Purpose of parties — Covenants—Building restrictions — Estoppel.</p> <p>1. A deed should he interpreted in the light of the apparent object or purpose of the parties and of the conditions existing when made.</p> <p>2. Where the interpretation of a building restriction would render the covenant of no practical avail, such interpretation will not be adopted when another entirely feasible one is at hand.</p> <p>3. Where the deeds of a row of houses provide that the buildings “shall not at any time hereafter forever be extended further front than 18 feet from the present building-line,” and the buildings were erected a few inches more than 18 feet back from the official building-line of the street, with porches extending from the front about Í feet 9 inches, the restriction will not be interpreted Bo as to permit an owner to take down his porch, and construct an extension from the existing house-line some 18 feet towards the street, and thus occupy practically all the space between the house-line and official building-line, cutting off his neighbor from light and air.</p> <p>4. The words “present building-line” in the restriction, mean the official city building-line, and the phrase “shall not be extended further front than 18 feet from present building-line” designates a point that distance back from the official line.</p> <p>5. In such case, a party injured is not estopped because he himself used a cellar under his porch as a laundry office, and made an entrance thereto from the pavement, without extending the building.</p>