Ehnatko v. Lebda

1 Pa. D. & C.4th 52, 1988 Pa. Dist. & Cnty. Dec. LEXIS 47
CourtPennsylvania Court of Common Pleas, Beaver County
DecidedSeptember 7, 1988
Docketno. 1343 of 1987
StatusPublished

This text of 1 Pa. D. & C.4th 52 (Ehnatko v. Lebda) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Beaver County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ehnatko v. Lebda, 1 Pa. D. & C.4th 52, 1988 Pa. Dist. & Cnty. Dec. LEXIS 47 (Pa. Super. Ct. 1988).

Opinion

STEEGE, J.,

This is an action in equity between next-door neighbors. Plaintiffs, Michael Ehnatko and Ann Ehnatko, seek an injunction which would prohibit defendants, Telford J. Lebda and Alice L. Lebda, from constructing a second two-car garage on defendants’ lot. The matter was fully tried on June 28, 1988. This adjudication is made and the accompanying [53]*53decree nisi is entered pursuant to Pa.R.C.P. no. 1517.

Plaintiffs and defendants live in their respective homes in Conway on adjacent lots on Sampson Street, a residential neighborhood. They have a common grantor, Northern Lights Development Company Inc. (Northern Lights was not defendant’s immediate grantor, there having been an intervening owner, but that is not material for our purposes.) Plaintiffs contend that a restriction prohibiting the erection of a second garage, which appears in plaintiffs’ deed and in the deeds of several but not all of their neighbors, should be imposed by operation of law upon the defendants, even though defendants’ deed (and the deed into their predecessors in title) contains no such restriction.

Much of the evidence in the case consists of matters already of record, is undisputed, and was set forth in a stipulation agreed to by both counsel. There was some additional testimony. From all the evidence, we make the following findings of fact:

(1) On May 6, 1903, the Remington-Conway Improvement Co. recorded its plan no. II in Plan Book Volume 1, page 222.

(2) By deed dated July 31, 1957, and recorded in Beaver County Deed Book Volume 719, page 162, Guy W. Gully conveyed several unimproved lots in the plan to Northern Lights. (A corrective deed, not material'for our purposes, was signed on October 23, 1957 and recorded in Deed Book Volume 722, page 208.)

(3) Northern Lights did not re-subdivide the plan. All of its many subsequent conveyances out of the land purchased from Gully bear legal descriptions which have, reference to the streets, lot num[54]*54bers, and courses and distancés which appear on the plan.

(4) Beginnning in June 1958, Northern Lights made five conveyances of parcels in the plan as follows:

(a) Theodore W. Marshall et ux. — June 20, 1958, D.B. 734-309

(b) William M. Hrusko — October 24, 1958, D.B. 743-437

(c) Charles Patrick Laughlin et ux. — January 7, 1959, D.B. 748-456

(d) Frank J. Windisch et ux. — February 7, 1959, D.B. 752-65

(e) Joseph Sorg et ux. — April 22, 1959, D.B. 754-345

(5) All of the deeds set forth in paragraph 4 above contain identical deed restrictions, three in number, including the following:

“(2) That no more than one single family dwelling shall be erected on the building site, which may contain as integral therewith, a private garage for one or two automobiles.” v

(6) By deed dated June 17, 1959 and recorded in Deed Book Volume 760, page 309, Northern Lights conveyed a residential lot to plaintiffs. The plaintiffs’ deed contained the same three restrictions which were contained in the five deeds out of Northern Lights which preceded theirs and are set forth in paragraph 4 above, specifically including the restriction to one garage. The plaintiffs’ deed also contained two additional restrictions, neither of which is contained in any of the other deeds out of Northern Lights.

(7) Northern Lights followed the conveyance to plaintiffs with three subseqhent conveyances out of the plan, as follows:

[55]*55(a) Margaret C. Vietmeier — August 15, 1959, D.B. 762-311

(b) Alfred Richking et ux. — August 31, 1959, D.B. 763-295

(c) Stanley Jones et ux.— October 11, 1960, D.B. 787-72

Each of these deeds contained the three restrictions found in the five deeds set forth in paragraph 4 above.

(8) By deed dated July 15, 1961 and recorded in Deed Book Volume 787, page 332, Northern Lights conveyed all of lot 301 and part of lot 300 in the plan to Wallace C. Fausti et ux. This deed contained eight restrictions, including the condition that but' one garage could be erected on the premises.

(9) By deed dated December 31, 1960, and recorded in Deed Book Volume 791, page 126, Northern Lights conveyed a number of lots in the plan to Frank H. Schroder. This deed contained no restrictions whatever.

(10) Northern Lights then delivered three deeds to Ryan Consruction Inc. as follows:

(a) March 27, 1961 D.B. 795-226

(b) April 18, 1961 D.B. 796-115

(c) August 3, 1961 D.B. 802-133

None of these deeds contained any restrictions.

(11) Northern Lights conveyed another parcel in the plan to Schroeder by deed dated August 9, 1961, and recorded in Deed Book Volume 802, page 146. The deed contained no restricitons.

(12) By deed dated July 15, 1961, and recorded in Deed Book Volume 802, page 151, Northern Lights conveyed to Fausti a parcel immediately adjacent to the parcel had been conveyed to Fausti by the deed which appears in Deed Book Volume 787, page 332. (See paragraph 9, above). This deed contained no restrictions.

[56]*56(13) Fausti had conveyed his initial parcel of land to Schroeder, who had in turn conveyed it to Ryan. In a document joined by Northern Lights, Ryan, Fausti, and Schroeder, the restrictions imposed upon Fausti in the deed which appears in Deed Book Volume 787, page 332 were released.

(14) At least one of the lots which was the subject of the above release of restrictions is immediately behind plaintiffs’ and defendants’ properties. It currently has three garages constructed upon it.

(15) By deed dated September 13, 1962, and recorded in Deed Book Volume 823, page 155, Northern Lights conveyed a parcel in the plan to Clark H. Hall et ux. This deed contained the same three restrictions found in the five deeds which are set forth in paragraph 4 above.

(16) By deed dated September 20, 1965, and recorded in Deed Book Volume 888, page 200, Northern Lights conveyed a parcel in the plan to Raymond E. Rohrer. The deed contains no restrictions.

(17) By deed dated June 13, 1968, Northern Lights conveyed part of lot 278, all of lot numbered 279 .and part of lot numbered 280 in the plan to Henry J. Woodman et ux. The Woodman deed contains no restrictions.

(18) By deed dated July 21, 1987, and recorded in Deed Book Volume 1305, page 145, Dorothy J. Woodman conveyed the Woodman parcel to defendants. Just as there had been no restrictions in the deed from Northern Lights to Woodman, the deed from Dorothy Woodman to defendants contained no restrictions.

(19) None of the Northern Lights deeds which imposed restrictions contained a covenant that Northern Lights would impose similar (or any) restrictions on other properties in the plan which Northern Lights owned.

[57]*57DISCUSSION

Plaintiffs concede, as indeed they must, that neither the defendants’ deed nor that of their predecessors in title contains any deed restrictions. Plaintiffs assert, however, that since many of the deeds of record from Northern Lights, prior in time to defendants’ deed, contained restrictions, there is' created by law an “implied reciprocal convenant” which imposes the restrictions on defendants. We disagree, and we shall deny plaintiffs’ request for an injunction.

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Bluebook (online)
1 Pa. D. & C.4th 52, 1988 Pa. Dist. & Cnty. Dec. LEXIS 47, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ehnatko-v-lebda-pactcomplbeaver-1988.