Yeakel v. Driscoll

321 Pa. Super. 238 (1983)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Yeakel v. Driscoll

Pennsylvania Supreme Court
321 Pa. Super. 238 (1983)

LJ

Facts

John and Mary Driscoll (defendants) and Mary Yeakel (plaintiff) owned adjoining parcels of real estate located in Allentown, Pennsylvania. The Driscolls and Yeakel each occupied one-half of a double home that contained a party wall providing separation between the properties. The shared deck was likewise divided by a cinderblock wall. The Driscolls obtained building permits from the city to enclose their rear porch. As a condition of the building permit, the city required that the Driscolls construct a firewall between the properties. The Driscolls then constructed a firewall over the area where the cinderblock wall had previously existed. In September 1979, Yeakel wrote a letter to the local newspaper complaining about the appearance of the improvements. That same month, Yeakel’s attorney wrote a letter to the Driscolls complaining about the improvements. In October 1979, Yeakel filed a complaint in equity alleging that the firewall encroached several inches onto her property. As relief, Yeakel requested that the Driscolls be restrained from entering her property, that the firewall be removed, and that the Driscolls be enjoined from further interfering with Yeakel’s use and enjoyment of her property. At trial, it was determined that the Driscolls had discussed their plans to construct the improvements with Yeakel’s son, who was the prior owner of the property. At the time of the conversation, the Driscolls testified that they believed that the son was the current owner because he continued to reside on the property and they were not aware of any sale between Yeakel and her son. Testimony further established that Yeakel’s son had consented to the Driscolls’ removal of a wooden frame as part of the construction of the wall. It was ultimately determined that there was an encroachment of approximately two inches spanning the length of approximately 12 feet. The chancellor held that the encroachment was de minimis and dismissed the complaint. Yeakel asserted that she suffered real damages as a result of the encroachment. Specifically, Yeakel contended that since the construction of the firewall, her basement became saturated with water during heavy rainfall. The chancellor found no nexus between the water damage and the construction of the firewall. Yeakel filed an appeal.

Rule of Law

Issue

Holding and Reasoning (Watkins, J.)

Dissent (Brosky, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 815,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 815,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 815,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership