Kiec v. Sherrerd

OPINION OF THE COURT

FLAHERTY, Chief Justice.

This case calls for interpretation of the Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1 et seq., as well as application of the doctrine of merger in the law of real property.

Appellant’s decedent (“appellant”) entered into a five-year installment contract to sell a one-acre parcel of land to appel-lees. The property was not serviced by a commumty sewage system, and the contract contained a restrictive covenant prohibiting any individual sewage disposal system on the property “unless such system is designated, located and constructed in…