Southworth v. Perring

Citations

• 71 Kan. 755
• 81 P. 481
• 1905 Kan. LEXIS 226

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Party Wall — Covenant Running with the Land. A contract made between the respective owners of adjoining lots, expressed to be binding upon their heirs and assigns, providing that the wall of a building one of them is about to erect shall be placed upon the dividing line, and that when the other builds he shall use it as a party wall and pay him half its value, in effect creates covenants running with the land of each party; and where after such first building is erected conveyances are made of each lot, the subsequent owner of the vacant lot who builds thereon and makes use of the party wall is required to make payment therefor to the owner of the lot first built upon.</p>