139 A. 154 | Pa. | 1927
Argued May 17, 1927. The deed by which James Evans in 1852 conveyed to the County of Lancaster land within the City of Lancaster as a site for the present county courthouse, which was then about to be erected, contained two special clauses, one of which created an easement comprising a strip of land nine feet wide between the line of the property deeded to the county and the land retained by grantor; in the other clause grantor covenanted that he and his heirs and assigns "shall not at any time forever hereafter erect any building or buildings on his or their property on the line of the hereby granted premises between the rear of the dwelling house and the front of the stable now erected on the adjoining property of the said James Evans." The land in question extends from East King Street, on which the dwelling house and the courthouse face, to Grant Street in the rear, where stood the stable, which has since been replaced by another building; and the nine feet wide easement runs from East King Street between the line of the courthouse wall and the property of plaintiffs, through to Grant Street, which property came into possession of plaintiffs through grants subsequent to the conveyance of 1852. At the time of the original grant the buildings on this property were a three-story brick dwelling house, which remains standing, on the East King Street front, and a stable on the rear of the lot, facing Grant Street. Since then additional low buildings have been constructed between *451 the dwelling and the structure on the rear. Appellants propose removing the buildings now standing on the property, and erecting in their place a business structure, four stories in heighth on the East King Street end, continuing back six stories high, to a point fifty feet from Grant Street, along the line of the nine feet wide easement. Appellants' right under the deed, to do as it contemplates, is the question for our determination. After hearing on petition filed by appellants under the provisions of the Uniform Declaratory Judgments Act of June 18, 1923, P. L. 840, the court below entered a final declaratory judgment to the effect that "no building nor buildings shall be erected on the plaintiffs' property between 'the rear of the dwelling house and the front of the stable,' as these buildings were located at the time the said deed was executed and delivered, as that ground was intended for air and light for the courthouse," and that "under the said grant, the said plaintiff has no right to build a building on its lot four stories high on East King Street and continuing six stories high toward the rear, over the whole of said lot, back to a point fifty feet from Grant Street, as contemplated by it."
Plainly the intent of the parties to the deed was to create an easement, nine feet wide, between the county property and that of grantor; and that the easement remain unobstructed. What plaintiff proposes now to do is to use all the space of its land which lies along its line of the nine feet strip as a site for its proposed business structure. The deed referred to is not ambiguous in its terms, as earnestly contended by appellants, interpreted in the light of the circumstances attending the parties at the time of its execution. To ascertain the intention, resort must be had to the words of the covenant read in the light of the surroundings of the parties and the subject of the grant: (Landell v. Hamilton,
The decree of the court below is affirmed at appellants' costs. *454