Voight v. Wallace

Citations

• 179 Pa. 520
• 36 A. 315
• 1897 Pa. LEXIS 684

Syllabus

<p>Party walls — Parly walls by statute, prescription or agreement — Rights of grantee.</p> <p>Since the passage of the act of April 10, 1849, P. L. 600, the right of the first builder to a party wall is considered an interest in the realty which passes to the grantee of the land, and the act applies to a party wall whether made such by statute, prescription or agreement.</p> <p>Party wait — Contract—Rights of grantee.</p> <p>The owner of a lot built on one part of it, and then conveyed the other part, making the middle line of the wall of the building which he had erected the dividing line between the two lots, calling it a party wall in the description, and stipulating in the deed that the grantee, his heirs or assigns, should not make use of the wall for building without paying a stipulated price therefor. Without any reservation of the-wall or right to compensation he then conveyed the remaining lot to another party, who subsequently became the'owner of the lot first sold, subject to the original reservation, and then used the wall. Held, that the original owner, having parted with all interest in the land, was not entitled to recover the price stipulated for the use of the party wall.</p>