Doman v. Brogan
Superior Court of Pennsylvania
592 A.2d 104 (1991)
Relevant factsFree
George and Donna Doman (defendants) and Bertha Brogan (plaintiff) owned adjoining lots created when Ada Doman divided her single property into two, with both deeds describing the boundary as running along the center wall dividing the two connected houses. The deeds' technical metes-and-bounds description, read literally, placed the boundary inside the Domans' bedroom, and Brogan sued to have the boundary set there. The trial court ruled the boundary was the center wall, consistent with Ada Doman's original intent, and Brogan appealed.
IssueFree
Whether a court may resolve a boundary dispute by determining the intention of the parties involved in creating the boundary.
Related cases
Detwiler v. Zoning Hearing Board596 A.2d 1156 (Pa. Commw. Ct. 1991)Lick Mill Creek Apartments v. Chicago Title Insurance Co.283 Cal. Rptr. 231 (1991)First Indiana Federal Savings Bank v. Hartle567 N.E.2d 834 (1991)Kuhn v. Spatial Design, Inc.585 A.2d 967 (1991)Candlewood Lake Association, Inc. v. Scott610 N.E.2d 562 (Ohio Ct. App. 1991)