Mock v. Hoffman

27 Pa. D. & C.3d 169, 1980 Pa. Dist. & Cnty. Dec. LEXIS 23
CourtPennsylvania Court of Common Pleas, Somerset County
DecidedJuly 8, 1980
Docketno. 298 Civil 1979
StatusPublished

This text of 27 Pa. D. & C.3d 169 (Mock v. Hoffman) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Somerset County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mock v. Hoffman, 27 Pa. D. & C.3d 169, 1980 Pa. Dist. & Cnty. Dec. LEXIS 23 (Pa. Super. Ct. 1980).

Opinion

SHAULIS, J.,

— This case is presently before this court on plaintiffs motion for partial summary judgment pursuant to Pa.R.C.P. 1035. Essentially, there axe two questions to be answered at this point: (1) Does plaintiff have standing to enforce the deed restriction? and (2) does that deed restriction mean that the property involved may have only one dwelling house constructed upon it?

The question about standing is based upon an interpretation of the nature of the covenant involved. Fundamentally, there are two types of covenants that may be utilized in a real estate transaction: (1) a personal covenant, or (2) a real covenant. Basically, a personal covenant is enforceable only between the parties involved, whereas a real covenant is one which goes with the land and may be enforced by such persons holding the land.

“A real covenant is one which binds heirs of the covenantor and passes to assignees or purchasers. It is a covenant the obligation of which is so connected with the realty, that he who has the latter is either entitled to the benefit of it or is required to perform it.” 10 P.L.E. Covenants 265 §1.5. '

[171]*171A personal covenant is one which binds only the covenantor and is not intended to become a charge on the realty. DeSanno v. Earle, 273 Pa. 265, 117 A. 200 (1922). “The test in determining whether a particular covenant runs with the land is the intention of the parties; and to ascertain the intent, resort may be had to the words of the covenant in the light of the surrounding circumstances and the subject of the grant.” Id. at 270. See also.: 10 P.L.E. Covenants 287, § 18.

In the case now at bar, we have for analysis a series of deeds each containing the following language:

• “ 1. Said premises shall not at any time hereafter be used for the conduct of any business establishment whatever, nor for the storage of any junk, or for any purpose than that of a private dwelling house with private garage.

2. No dwelling house shall be erected or constructed upon the above described lot at a cost of less than Five Thousand ($5,000.00) Dollars.'

3. No cows or pigs shall be kept upon the premises or permitted to be there at any time.”

It is the first of these restrictions that is the focus of the present controversy which is before this court on a complaint in equity whereby plaintiff is seeking to enjoin defendants from constructing a second structure on a tract of land which is subject to the aforementioned restrictions.

On May 15, 1954, plaintiff conveyed the property involved here to John Beal and Joseph S. Beal as joint tenants with right of survivorship. Subsequently, John Beal died, and Joseph S. Beal became the sole owner of the property. He then had his interest in the land converted to a tenancy by the entireties together with his wife, Ann Catherine [172]*172Beal. Then, in 1972, defendants acquired the tract of land by conveyance from Joseph S. Beal and Ann Catherine Beal. Throughout, the aforementioned restrictions have appeared in the deeds which evidence the conveyance.

Defendants now wish to subdivide the property and to construct a second dwelling upon it. Plaintiff asserts that such action would be in derogation of the expressed deed restrictions and seeks to enjoin the proposed construction.

The deed covenants involved in this case are not personal covenants that were intended to bind only the covenantors. It is clear from the language of restriction no. 1 that the original parties intended that the restrictions should run with the land. The words “. . . shall not at any time hereafter ...” cannot be interpreted in any manner other than as a real covenant intended to bind the heirs and assigns of the grantee. The requirements of a covenant running with the land are that the covenant touch and concern the land, that it be certain and definite, that it be for the benefit of the dominant estate and it must have been intended as such. Moravecz et ux v. Hillman Coal & Coke Co., 18 Somerset L.J. 46, 50 (1956), There is no requirement “. . . that specific technical words be used to establish a covenant running with the land nor is it required that the covenant must be expressed as such.” Id. at 50. “Any words showing the intent of the parties to do or not to do a certain thing raises an express covenant. . . no special words are necessary to make a covenant that will run with the land.” Electric City Land v. Coal Company, 187 Pa. 500, 511 (1898), cited in Moravecz, supra.

Applying the test set forth in DeSanno, supra, we conclude that the expressed covenants in the deeds herein involved were intended to be and are coven[173]*173ants running with the land. As such, they continue indefinitely, not only for the benefit of the grantor, but also of his heirs and successors in title. See: Ladner: Deeds §9.04(h).

“Restrictive covenants are enforceable without the necessity of showing that the enforcement would work a substantial gain to the legal beneficiary of the covenant. The plaintiffs’ right here to enforce the restrictive covenants is absolute, regardless of proof that they do or do not suffer damage as a result of the breach of the covenant.”

Leob v. Watkins, 428 Pa. 480, 481, 240 A. 2d 513 (1968). Thus, it must be concluded that this plaintiff has a right to enforce the covenant involved and this court must now turn its attention to interpreting the meaning of the restriction.

Defendants in this action wish to construct a second dwelling house on the lot in question. Upon completion, the lot would be subdivided with the result being that there would be . two dwélling houses, one each on equally sized lots. It appears that each of these lots would be comparable in size and shape to others existing in the neighborhood. Plaintiff resists the proposal of the defendants, asserting that the deed contains a restrictive con-veyant that prohibits the construction of more than one private dwelling.

The proposed structure would be a private dwelling and there is no objection to the kind of structure involved. Therefore, this discussion need only concern the question of whether the restrictive covenant contemplated limiting the parcel of land to a single private dwelling house with private garage. We must conclude that such an interpretation is much more restrictive than the language used [174]*174intends. Accordingly, the equitable relief sought by plaintiff must be denied.

The center of this controversy is not the validity of the restrictions themselves. Rather, the problem stems from the language employed. The first of the three restrictions prohibits the use of the “. . . premises . . . for any purpose than that of a private dwelling house house with private garage.” Plaintiff takes the position that the indefinite article “a” preceding the words “private dwelling hduse” was and is intended to limit the property to a single dwelling unit. Defendant counters by asserting that such a reading necessitates putting more into the restriction than is actually there.

Both parties acknowledge that restrictions on the use of land are not favored by the law. This is because such covenants work an interference with the owner’s free and full enjoyment of his property. While such covenants are enforceable, the law is settled that they should be construed against those seeking to enforce them. See: 10 P.L.E. 277, Covenants, §13. Rieck v. Virginia Manor Co., 251 Pa. Super. 59, 63, 380 A. 2d 375 (1977). In Satterthwait v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Ratkovich v. Randell Homes, Inc.
169 A.2d 65 (Supreme Court of Pennsylvania, 1961)
SHAPP v. Sloan
367 A.2d 791 (Commonwealth Court of Pennsylvania, 1976)
Rieck v. Virginia Manor Co.
380 A.2d 375 (Superior Court of Pennsylvania, 1977)
Loeb v. Watkins
240 A.2d 513 (Supreme Court of Pennsylvania, 1968)
Satterthwait v. Gibbs
135 A. 862 (Supreme Court of Pennsylvania, 1927)
St. Andrew's Lutheran Church's Appeal
67 Pa. 512 (Supreme Court of Pennsylvania, 1871)
Electric City Land v. West Ridge Coal Co.
41 A. 458 (Supreme Court of Pennsylvania, 1898)
Crofton v. St. Clement's Church
57 A. 570 (Supreme Court of Pennsylvania, 1904)
Johnson v. Jones
90 A. 649 (Supreme Court of Pennsylvania, 1914)
DeSanno v. Earle
117 A. 200 (Supreme Court of Pennsylvania, 1922)
Taylor v. Lambert
124 A. 169 (Supreme Court of Pennsylvania, 1924)
Francis v. Dean
80 Pa. Super. 108 (Superior Court of Pennsylvania, 1922)
Allegheny County Port Authority v. Flaherty
293 A.2d 152 (Commonwealth Court of Pennsylvania, 1972)

Cite This Page — Counsel Stack

Bluebook (online)
27 Pa. D. & C.3d 169, 1980 Pa. Dist. & Cnty. Dec. LEXIS 23, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mock-v-hoffman-pactcomplsomers-1980.