Roberts v. Bye
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an action of assumpsit, brought by Samuel K. Bye against Algernon S. Roberts, Jr., to recover the value of certain party-walls. The declaration contained the common money counts, to which the defendant pleaded the general issue.
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Error to the District Court of Philadelphia. This was an action of assumpsit, brought by Samuel K. Bye against Algernon S. Roberts, Jr., to recover the value of certain party-walls. The declaration contained the common money counts, to which the defendant pleaded the general issue. On the 21st June 1851, James L. Gihon, being the owner of a vacant lot of ground on Rittenhouse Square, in the city of Philadelphia, contracted with Samuel K. Bye, the plaintiff' below, for the erection of a brick house thereon. The contract contained this clause: “The party-walls to belong to the contractor.” On…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J.
— A right to a party-wall, is a right which an owner of land has to build a division-wall partly over his line on the land of another. It is therefore a right appurtenant to land, and may properly be called an easement or servitude. In Philadelphia, this relation between adjoiners is regulated by statute. He that first builds on his line must erect the wall at his own expense, and it is then, as one whole wall, an essential part of his house, and is therefore real estate. Yet half of it rests on his neighbour’s land, which is charged with…
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