Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-05-11

Assistant Attorney Thomas Furnishes m
Opinion Upon the Subject.

Assistant Attorney Thomas Furnishes IN
Opinion Upon the Subject
About . week ago the Commissioners, In
compliance with . suggestion from Building
Inspector Entvisls, submitted to the attorney
for The District for opinion the question con-
corning the rights Of builder Of brick house
adjoining . wooden building.
It viii be recalled that under . decision Of
Judge Coz, some years ago, person erecting q
brick building, adjoining frame one, was al
lowed to cut OF Of the wooden building sufficient
TO place . party wall, providing they made
good all damages Recently, however, in .
similar case the builder of . brick dwelling
was enjoined from cutting OF portion of the
wooden building adjoining for the purpose Of
establishing . party wall, and the case was
taken 10 the Court in General Term, where it
was abandoned.
The question Is an important one and the
opinion Of the attorney has been looked for
ward 10 with considerable interest
nR. THOMAS OPINION.
Assistant Attorney s. T. Thomas rendered an
opinion on the matter today.
He says that he has examined the question
with care and has reached the conclusion that
the right Of . lot owner in this city when he
builds to erect one-hah Of the wall between
himself and his neighbor on the adjoining lot
IL an edsement running Win tne laflQ anQ tne
right OF 9 building owner to encrosch on the
adjoining lot, or, in other words, to avail him
sell of the privilege Of party wall,
II derived from clause in the con-
veyance from the original proprietors to Beall
aud CAN'T the commissioners to lay off the
federal city, which declared that the lots and
squares when apportioned, should be subject
to 'such terms and conditions as shall be
thought reasonable by the President for the
time being. for regulating the materials and
the lots generally in said city, or in particular
streets or parts thereof, Tor common convent
snce, safety and order"
wAsHuarox's CONDITIONS.
"Under thee conditions" he continues
President Warrington In October, 1871, pro-
nulgated eight conditions, the fourth Of which
relates 10 party wallis and provides that
foundations shall Be laid equally upon the lands
Of The persons between whom such party walls
are TO be built, and shall bs Of the breadth and
thickness determined by such person(the person
appointed by the commissioners to superintend
buildings proper; and the first builder shall be
fsimburssd one moisty Of the charge Of such
party wall, or so much thereof as the next
builder shan any way use or break into the
WALL"
The regulations, Mr.. Thomas continues, were
continued In force until MAY Is, 1890 when
Congress passed the act entitled an act to in
corporate the inhabitants Of the city Of WASH
iu9ton ana 70 repeal All acts heretofore passed
for the purpose.
CAN CUT AWAY TEE FRAME.
Mr.. Thomas cites several cases in which ques-
tons Of the same character were decided. He
refsrs especially 10 the Law in Pennsylvania,
and ayS that the principle upon which they
are based was adopted from the civil law in
corporated into section $50 Of the code of
Napoleon - the law Of France. In conclusion
he says:
81 am Of opinion the builder Of brick house
adjacent to . lot improved by frame house
has right 70 cut away the frame house suffi-
Gent to place the brick partition wall equally
on his own and the adjoining lot, the builder Of
The brick house, however, being required to
repair the frame hoose and make good all
damages BY cutting it for the purpose Of build
ing the partition wall"