2 Pa. 488 | Pa. | 1846
— An occupant is not bound to join in a division-fence. He may set his fence, if it please him, not on the line of division but within it; and if his neighbour extend his fence across the line to join it, it is a trespass.
But if the one party set his fence on the very line, the other may not only join a panel of his fence to it, but insert the rails into it so as to extend a few inches beyond it; for when the charge assessed by the fence-viewers is answered, it becomes common property, and the use of it beyond the strict bounds of the license falls within the bounds of the maxim de minimis. Nor can the mutual privileges_ of the parties be taken away by the Statute of Limitations, or non user for twenty or more years. An occupant has a right to place his fence exactly on his
Judgment affirmed.