50 A.2d 348 | Pa. | 1946
Argued December 3, 1946. This litigation developed from a petty neighbor dispute between adjoining real estate owners. From it has emerged an important legal principle, affecting real estate enjoyment throughout the Commonwealth. The question is: Where a landowner erects a structure on his own land which obstructs the light, air, and view of an adjoining owner, thereby annoying the adjoining owner, may legal or equitable relief be had by the adjoining owner if the landowner's motive in erecting such structure was purely malicious?
Plaintiffs and defendants are adjoining property owners. The east wall of plaintiffs' house, erected on the property line, extends a number of feet beyond the rear of defendants' house. Two windows in plaintiffs' wall overlook the back yard of defendants' dwelling. One window is on the first floor and the other is above it on the second floor. The panes in the windows are of frosted glass. Defendants erected a brick wall, entirely upon their own land, one and one-half inches from plaintiffs' wall. The wall is 9 inches thick, 12 feet long and 10 feet high. It completely obstructs and blocks off plaintiffs' first floor window.
Plaintiffs filed a bill in equity seeking to compel the removal of the wall. They maintained that the shutting out of light and air impaired the use and value of their property and jeopardized their health. It was contended that the structure served no useful purpose and was erected for the sole purpose of harassing and annoying plaintiffs and created a nuisance. Defendants denied that it was a "spite" structure, but was erected for a useful and beneficial purpose to defendants, viz: to permit the hanging of a clothes line in the yard and as part of a proposed garage.
Judge Crumlish, the learned chancellor, heard the testimony with patience. He inspected the premises. The adjudication reflects careful study. He found that the basic controversy resulted from defendants' objection *457 to plaintiffs' downstairs window overlooking defendants' back yard; that the wall was of no reasonable or beneficial use to defendants and that its only purpose was to "block off" plaintiffs' window. He concluded that defendants were motivated by malice and that the structure was erected merely to annoy plaintiffs and diminish the value of their property. He ordered the removal of the wall. The appeal followed.
Plaintiffs' wall is on the division line. The windows in the wall gave them no easement of light and air: Haverstick v.Sipe,
We come then to the motive for the erection of the wall in question. The learned chancellor found that while defendants' alleged chief grievance was that the windows interfered with their right to privacy, the real purpose was, with malicious intent, solely to annoy plaintiffs and also that such structure served no useful or beneficial purpose. The legal question is therefore presented: where a landowner has a legal right to erect a structure upon his own land, which may diminish the value of the adjoining owner's property does the fact that the erection was actuated by malice or to annoy render it unlawful?
There is a conflict of authority as to whether a structure may be abated where it serves no useful purpose *458 and the dominant reason for erecting it is to annoy the adjoining landowner or injure him in his enjoyment of his premises.
It is the general rule of the common law, that themotive for doing a lawful act will not be inquired into by the court. The motive is immaterial. In some jurisdictions, however, malevolence furnishes a ground for legal or equitable relief where the malice or spite is the prime and dominant motive: See C.J.S. vol. 2, § 50 and § 51, p. 44; American Jurisprudence, vol. 1, § 52, p. 535 and vol. 22, § 43, p. 546; annotation in 133 A.L.R., p. 691 et seq.
The courts which adhere to the common law rule and hold that motive is immaterial are: United States — Camfield v. UnitedStates,
The reason for the principle applied by the court in disregarding the motive for erecting a structure upon an owner's land was well stated by BURKET, J., in Letts v.Kessler,
The contrary view is expressed in Hornby v. Smith,
No case has been cited, and our research has revealed none, where this Court has decided the question thus propounded. We have decided, however, on many occasions and in varying circumstances, that a lawful act is not actionable though it proceed from a malicious motive. In the early case ofJenkins v. Fowler,
Defendants being lawfully entitled to erect the wall upon their own land, we will not inquire into their motive for so doing. Nor is it necessary to consider cases dealing with statutory regulations of the use of land or dealing with nuisance actual or threatened.
We observe that the wall in question is erected one and a half inches from plaintiffs' wall, and it is alleged that this condition permits an accumulation of rain water and snow which may seep into plaintiffs' cellar to his damage. A somewhat similar situation arose in Phila. S. S. Mfg. Co. v.Silberman,
The decree is reversed and the bill dismissed. Each side to pay its own costs. *462