Evening journal., 1920-04-30
MUST STICK TO
BUILDING line
Chancellor Curtis Makes
Important Ruling on Re
strictionS in Deed
GARAGE MUST GO
BACK FROM STREET

IN the case or Alexander Rogers vs. ]
Victoria Lwolak. Chancellor Charles
NJ Curtis has issued a decree enloln- /
ing Mrs INolak from erecting a gar
age In Market street. between Twenty
! fourth and IWonlN-nflh streets. at
a less distance than twenty feel from
the noriherly side OF Market street.
William W. Knowles and Wilbur l..
| Adams were solicitors for the COM
i nl0nant and Frank l.. Spcakman and
Philip /. Garrett FOR The defendant
Joseph Tatnlll was the owner OF
I 800 feet OF land IN Market street. be-
| tween Twenty and Twenty
elehth streets, and In 1873. sold the
plot between Tweniy-fourth and
/, Tweniy-siNih streets, TO various per-
, sons. In each deed Tor the land In
his plot 10 was provided that no
building should be erected at "a less
distance than nifty feet from Market
street. TO DE kept an open. ornamen-
ial space for the free passage of light
and air forever" This pruVisIon
was not contained in deeds for other
ploS OF lhe tract.
Tie complainant and defendant own
adjoining lots IN Market street. be-
tween rweniy-fourth and Twenty
nfth streets. The defendant q was all
legged. has started The building uf a
]
violation OF the restrictions contained
In her deed
The defendant claimed that "ihe or
iglnal restriction had been abandoned
( and relinquished and Shat no other
valid restriction binding on the de-
D fendani had taken place
In his decision, ihe chancellor set
forth
"a building restriction may be modi-
fed or terminated by consent of AN
who are affected by 70. In the absence
~ an express agreement on The sub
I / iect abandonment Tn any particular
, case Is a matter 90 be proved by theli
/ acts consciously done Uniformity O
p action IN disregard OF a restriction
mobiles 70 pro ianto. pr discharges j
r entirely. depending on lhe character
: OF the acts done.
a There is. however. In this ease
p such am agreement OF owners diiecte'
a by The original restriction AS 90 max
10 unnecessary TO consider implied al
F. iorai0ns OF restrictions. Nlcr max
g ing the agreement In 1899 ,in That yea
there was an agreement between PQi
ter and other owners OF land in th
square on a iWcnlN-f0oi restriction
II neither Potter nor anyone clalmin
g under him. can disregard the twenty
foot building line restriction.
+ III Is established that ne iNeni,
foot building restriction Is binding %
The defendant as 90 ihe land on Nhlc
AZ the defendant intends 90 ereci ii
D. garage
re erie fact THAI the complainant d
not complain Of the structure or Hlt
by Potter Potter had crccled on On
IN | city building line a dollhouse. slnl
Us / razedl before The complainant a
nj Id. -. 4 b
N, deprive him OF rlgn1 iO enforce ~
ms restriction as 3ginst lhe defendant at
nd The structure she q sires % bull
ai for pOtiers violation may not nav
ne materially affected ile complainant
s.. "Iho cases oited by Che defendant
w. the effect that. when the creator OF
building line restriction acQulesces
be- violations OF 70 by owners Of "a col
he siderable proportion of the land a
pr fecied BY the restriction it Is u
equitable for him 90 enforce H. d
" not alply herS
lh "RelyIng on The basic element
e. iniunctive relief against violations
a building line restriction. VIZ. ih
10 Is incQuilahlc 90 permit one 90 Ni'
lalo such "a restriction imposed on u
ne land hy "a former owner for the ml
10 tual benefit OF owners uf the sever
es lots OF land located within deiini
ca aera the defendant here should n
MS be permitted tO violate The resirictlt
nd yalidly established originally by j
GO seph Tatnall on land owned hy hl
mo- and now by the complainant and d
on fendani and properly and validity mo-
an ifed hy an agreement between ihe
predecessors In title as 90 the Tan
held by the parties 10 the ugreeme
af the time of The making thereof.
In "The complainant is. thereiore, o
ne titled io "a decree cniuining The q
ne fendani from erecting the building
ad a less distance than % feet from u
.ed n0rihcrly side Of Market street