A spite house is a building constructed or substantially modified to irritate neighbors or any party with land stakes . Because long-term occupation is not the primary purpose of these houses, they frequently sport strange and impractical structures.
126-461: Spite houses may deliberately obstruct light or block access to neighboring buildings, or might be flagrant symbols of defiance. Although, in the US, homeowners generally have no right to views, light, or air, neighbors can sue for a negative easement . In instances regarding a spite build, courts are far more likely to side with the neighboring parties which may have been affected by that build. For example,
252-686: A condemnation proceeding in the courts. Note that in the United States, in accordance with the Fifth Amendment to the U.S. Constitution, property cannot simply be taken by the government unless the property owner is compensated for the fair market value of what is taken. This is true whether the government acquires full ownership of the property ("fee title") or a lesser property interest, such as an easement. For example, utility providers are typically granted jurisdiction-wide easement to access and maintain their existing infrastructure. In
378-407: A deed or other legal instrument. Alternatively, it may be created by reference to a subdivision plan by "dedication" or in a restrictive covenant in the agreement of an owners association. Generally, the doctrines of contract law are central to disputes regarding express easements. Implied easements are more complex and are determined by the courts based on the use of a property and the intention of
504-444: A utility that allows a linesman to enter the premises , "to install and retain their cabling or piping across private land in return for annual payments to the landowner". Like a license or profit-à-prendre , a "wayleave is normally a temporary arrangement and does not automatically transfer to a new owner or occupier". More generally, a wayleave agreement can be used for the infrastructure needs of any service provider, such as
630-530: A 'limited right to use another person's land for a stated purpose. For example, an easement may allow someone to use a road on their neighbor’s land to get to their own.' Another example is someone's right to fish in a privately owned pond, or to have access to a public beach. The rights of an easement holder vary substantially among jurisdictions. Historically, common law courts would enforce only four types of easements: Courts now recognize more varieties of easements, but these original four categories still form
756-492: A case, Zach's "dominant" parcel would contain an access easement to cross James's "servient" parcel. An easement may be implied, express or created in other ways. Easements are most often created by express language in binding documents. Under most circumstances, having a conversation with another party is not sufficient. Parties generally grant an easement to another, or reserve an easement for themselves on disposition of land. An express easement may be "granted" or "reserved" in
882-514: A city hall and library. The land had a home on it and, despite offering the owner money, he refused and continued to refuse even when told that he had to move. When the officials threatened him, he moved the house and rebuilt it, piece by piece, on the other side of the Miljacka river, as a way of spiting the officials. The Sarajevo Spite House operates today as a restaurant called Inat Kuća (which means "Spite House"). In 1922, The Pink House
1008-621: A constituency approaching or within the privileges of citizenship. In 1918, the Spanish Influenza Pandemic hit the crowded North End severely; so many children were orphaned as a result of the pandemic that the city created the Home for Italian Children to care for them. The following year, in 1919, the Purity Distilling Company's 2.3 million gallon molasses storage tank explosively burst open, causing
1134-478: A definite location or description, is called a floating or roving easement". Furthermore, "a floating easement becomes fixed after construction and cannot thereafter be changed". In general, a wayleave is a right to access or cross the land of another for some purpose. Frequently nowadays in British energy law and real property law , a wayleave is a type of easement, appurtenant to land or in gross , used by
1260-498: A dismemberment of ownership if animus is to inclined) as long as the nature of possession is peaceful, continuous, public and unequivocal throughout. (According to article 2922 of the Civil Code of Quebec or CCQ) the prescribed period is 10 years (2917–2920 CCQ), except as otherwise provided by law. (2918 sets a different time for unregistered property. Reduced from 30 years.) Exceptions to prescription: Possession cannot establish
1386-503: A dominant estate. The easement can be for a personal use (for example, an easement to use a boat ramp) or a commercial use (for example, an easement to a railroad company to cross property to build and maintain a rail line). Historically, an easement in gross was neither assignable nor inheritable, but commercial easements are now freely transferable to a third party. They are divisible but must be exclusive (the original owner no longer uses it and exclusive to easement holder) and all holders of
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#17327987243311512-494: A driveway easement in the deed. A originally had common ownership of both properties. A also used the driveway during this period. A then severed the land. Although A did not reserve an easement, the driveway is obviously on the property and a reasonable buyer would know what it is for. Finally, the driveway is reasonably necessary for a residential plot; here is an implied easement. Easements by prescription , also called prescriptive easements , are implied easements granted after
1638-618: A family pushcart in the North End in 1848. Beginning in 1912, Prince pasta was manufactured in the North End and sold at 92 Prince Street. (The brand is now owned by New World Pasta .) St. Johns School is a private Roman Catholic school that is located in North Square. It opened in 1873 and has served the neighborhood continuously since then. The North End is also home to the North Bennet Street School ,
1764-525: A hotel, the original Waldorf Hotel in 1893. The building not only towered over his aunt's home, but it also had no windows at all on the side facing the aunt's mansion. At some point before 1898, a home was erected in Salem, Massachusetts , to "cut off the view of a neighbor". After the owner died, his heirs agreed in 1898 to have the Salem Spite House torn down to avoid a "vexatious lawsuit with
1890-666: A house eventually was built and became owned by James Falloon. Together, the 80 acres (320,000 m) were well-suited to add to the town of Hiawatha, but Falloon refused to sell his three-quarters of an acre at the low price Schilling offered. To spite his neighbor, Schilling then built a cheap tenement house on his own property 13 feet (4.0 m) from Falloon's with the "idea of rendering Falloon's home obnoxious and unendurable to Falloon and family" by renting to people Falloon might find objectionable. The Richardson Spite House in New York City at Lexington Avenue and 82nd Street
2016-426: A man wanting to spoil the sea view of his brother after they failed to agree to jointly develop their neighboring plots. The street facade appears to be an ordinary apartment building, but is 60 cm at the narrowest and four meters at the widest. It is known as Al Ba'sa (The Middle Finger) and formerly as The Queen Mary due to its resemblance to the cruise ship . Film producer George Lucas had wanted to construct
2142-427: A massive wave of Irish immigrants settled in the North End; the neighborhood became predominantly Irish (the city's overall population was also affected, going from a predominantly Yankee-Protestant city to being one-third Irish in just a few years). Between 1865 and 1880, the North End was almost exclusively Irish (or Irish-American) and Catholic. In the late 19th century, a stable Jewish community began to develop in
2268-498: A movie studio on land that he owned in Marin County, California . After facing years of opposition, Lucas abandoned the project in 2012. Instead, he decided to construct a low-income housing development. While some sources have speculated that the low-income housing proposal was to spite the high-income residents in the wealthy county, Lucas himself rejected that characterization. The Westboro Baptist Church of Topeka, Kansas ,
2394-495: A new city near Ctesiphon for the 30,000 inhabitants whom he had captured; he modeled this city after the original Antioch, but was said to have had forced his new subjects to live in their old homes and workplaces. He called this new city Veh-Antiok-Xusrō , or literally, "Better than Antioch, Khosrau built This." In 1716, Thomas Wood, a sailmaker, built a house in Marblehead, Massachusetts , that subsequently became known as
2520-423: A parcel owned by an individual. In the US, an easement appurtenant is one that benefits the dominant estate and "runs with the land" and so generally transfers automatically when the dominant estate is transferred. An appurtenant easement allows property owners to access land that is only accessible through a neighbor's land. Conversely, an easement in gross benefits an individual or a legal entity, rather than
2646-410: A prescriptive easement can only be determined for an affirmative easement not a negative easement. In all U.S. jurisdictions, an easement for view (which is a negative easement) cannot be created by prescription. Prescription may also be used to end an existing legal easement. For example, if a servient tenement (estate) holder were to erect a fence blocking a legally deeded right-of-way easement,
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#17327987243312772-412: A prescriptive easement. Government- or railroad-owned property is generally immune from prescriptive easement in most cases, but some other types of government owned-property may be subject to prescription in certain instances. In New York, such government property is subject to a longer statute of limitations of action, 20 years instead of 10 years for private property . In most U.S. jurisdictions,
2898-433: A prime little situation just adjoining or tight in front. This done, we wait until the palace is half-way up, and then we pay some tasty architect to run us up an ornamental mud hovel, right against it; or a Down-East or Dutch Pagoda, or a pig-sty, or an ingenious little bit of fancy work, either Esquimau, Kickapoo, or Hottentot. Of course, we can't afford to take these structures down under a bonus of five hundred per cent upon
3024-417: A public way may have an easement of access over adjacent land if crossing that land is absolutely necessary to reach the landlocked parcel and there has been some original intent to provide the lot with access, and the grant was never completed or recorded but is thought to exist. A court order is necessary to determine the existence of an easement by necessity. To obtain this generally the party which claims
3150-421: A regular or implied easement rather than a prescriptive easement and immediately becomes binding. An example of this is the lengthy Irish Lissadell House rights of way case heard since 2010, that extended long-standing consents given to individuals into a public right of way. In other jurisdictions, such permission immediately converts the easement into a terminable license, or restarts the time for obtaining
3276-479: A rich old hunks, or prodigal heir, or bankrupt corporation, gets into the notion of putting up a palace, there is no such thing in the world as stopping either of them, and this every intelligent person knows. The fact in question is indeed the basis of the Eye-Sore trade. As soon, therefore, as a building project is fairly afoot by one of these parties, we merchants secure a nice corner of the lot in contemplation, or
3402-463: A road, or to a source of water) such as the right of lot owners in a subdivision to use the roadway on the approved subdivision plan without requiring a specific grant of easement to each new lot when first conveyed. An easement by necessity is distinguished from an easement by implication in that the easement by necessity arises only when "strictly necessary", whereas the easement by implication can arise when "reasonably necessary". Easement by necessity
3528-695: A series of breaking and enterings to residential apartments. Members of the Patriarca crime family have historically lived in or operated out of the North End, including Gennaro Angiulo , Gaspare Messina , and the Dinunzio brothers (Anthony & Carmen). The North End is served by the Boston Fire Department . The area has been impacted by a number of significant fires—the Boston Fire Historical Society notes
3654-552: A servitude under 1181 CCQ, but non-use of a servitude will extinguish it. In the state of Louisiana , a mixed legal jurisdiction with strong civil law roots, prescription can be either acquisitive or liberative, both of which involve the creation or extinguishing of rights over time. Acquisitive prescription in Louisiana is analogous to the common law idea of adverse possession. As defined in La. C.C. Art. 3446, "acquisitive prescription
3780-468: A spite house. One story of its creation tells that in 1874, two brothers in the North End of Boston, Massachusetts , got into a dispute. Each had previously inherited land from their deceased father. While the second brother was away serving in the military, the first brother built a large home, leaving the soldier only a shred of property that the first brother felt certain was too tiny to build on. When
3906-415: A telecommunications network, electricity grid or gas pipeline. In mining law, a wayleave is a right to cross a neighbour's land e.g. in order to convey a mineral to a seaport, and might include the right to run a private railway, payment depending on the tonnage conveyed. Variants of the concept included waterleaves (the right to drain away water) or airleaves (the right to convey air for ventilation). In
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4032-438: A tiny slice of adjoining land. Out of spite for the low offer, the builder built an 860-square-foot (80 m) house that blocked the neighbors' open space. However, there are other stories about how the house came to be, making its origins murky. The house is 55 inches (1.4 m) wide at the south end, and 15 feet (4.6 m) wide at the north end. The Montlake Spite House is still standing and occupied. The Skinny Building
4158-502: A trade and craftmanship school that was founded in 1885. The North End is home to six of Boston's publicly accessible artworks. The Boston Art Commission has care and custody of all public art located on city property. Every summer, the remaining Italian residents of the North End hold festivals (feasts) to honor the patron saints of different regions in Italy from where their families immigrated. Statues of these saints are paraded down
4284-512: A wall of trees that would block the adjacent land owner B's mountain view. A is subject to a negative easement from B. As defined by Evershed MR in Re Ellenborough Park [1956] Ch 131, an easement requires the existence of at least two pieces of land. The land with the benefit of the easement is the dominant estate or dominant tenement, while the land burdened by the easement is the servient estate or servient tenement. For example,
4410-567: A whole was prosperous, however, and the wealthy residents of the North End moved to newer, more fashionable neighborhoods such as Beacon Hill . In 1849, a cholera epidemic swept through Boston, hitting the North End most harshly; most of the seven hundred victims were North Enders. In 1859, tensions between the Catholic Irish immigrants and the existing Protestant community led to the Eliot School Rebellion . By 1880,
4536-501: Is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions. An easement is similar to real covenants and equitable servitudes . In the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes. Easements are helpful for providing
4662-588: Is Boston's oldest continuously run school. In 2007, the Eliot school was considered for closure due to poor performance. Between 2007 and 2011, school administrators instituted a successful improvement program, and, by 2012 the Eliot school was classified as an innovation school which was recognized for excellence by Governor Deval Patrick . The Boston Public Library operates the North End Branch Library, located at 25 Parmenter Street. The branch
4788-521: Is a higher standard by which to imply an easement. In India, easement of necessity could be claimed only in such cases where transfer, bequeathment or partition necessitates such claim. As an example, some U.S. state statutes grant a permanent easement of access to any descendant of a person buried in a cemetery on private property. In some states, such as New York, this type of easement is called an easement of necessity. An easement may also be created by prior use. Easements by prior use are based on
4914-464: Is a mode of acquiring ownership or other real rights by possession for a period of time." Unlike the common law adverse position, Louisiana's acquisitive prescription is not a procedural bar to recovering property but the creation of a new ownership right in the property. Time periods for acquisitive prescription depend on whether the property is movable or immovable and whether the property is possessed in good faith (possessor believes they have title to
5040-419: Is built adjacent to the landlocked tenement or another easement is acquired without regard to comparison of ease or practicality between the imposed easement and any valid substitute). There is also an unwritten form of easement referred to as an implied easement or easement by implication, arising from the original subdivision of the land for continuous and obvious use of the adjacent parcel (e.g., for access to
5166-445: Is far cheaper, quicker, and easier than home construction. There are also similar structures known as spite walls or blinder walls. Construction of spite houses or spite fences is considered illegal in those countries which follow the civil law . It is considered as abuse of rights , and in some countries, like Finland, it is explicitly prohibited by law. In A.D 541 following his conquest of Antioch, Sassan Emperor Khosrau I built
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5292-463: Is infamous for its anti-LGBT picketing . The humanitarian charity Planting Peace purchased a house across the street from the church and, in 2013, had it painted to match the colors of the rainbow pride flag . It was named the ' Equality House ' and has received worldwide attention and media coverage. In 2016, Planting Peace acquired the house next door to the Equality House and painted it
5418-579: Is only 5 feet 2 inches (1.57 m) wide, rivaling the Sam Kee Building in Vancouver which is considered the narrowest commercial building by Guinness World Records. Its narrow lot was created in 1903 by a street widening project, and the building itself was constructed in 1926 by Louis Hendel (c. 1874–1945), partly out of spite for neighboring business owners who complained about him obstructing the sidewalk with his fruit-selling business. The building
5544-569: Is still standing and occupied. In 1806, Thomas McCobb, heir to his father's land and shipbuilding business, returned home to Phippsburg, Maine , from sea to discover that his stepbrother Mark had inherited the family "Mansion in the Wilderness". Upset about his loss, McCobb built a house directly across from the McCobb mansion to spite his stepbrother. The National Park Service 's Historic American Buildings Survey photographed and documented
5670-717: Is still standing, and is listed on the National Register of Historic Places as a contributing property in the Fourth Avenue Historic District . In 1934, Corina Kavanagh, of Irish descent, commissioned the building of a skyscraper in Buenos Aires , the iconic Kavanagh Building , at the time the highest skyscraper in Latin America. Local legend holds that Corina Kavanagh sought to arrange a marriage between one of her daughters and
5796-517: The Big Dig project. Throughout the construction process, access to the North End was difficult for both residents and visitors; as a result, many North End businesses closed. The Rose Kennedy Greenway is now located on the former site of the Central Artery. The North End describes its location in the historic Shawmut Peninsula , which centuries of infill have obscured. Copp's Hill is
5922-688: The Forest Hills Cemetery began in the North End. In 1934, the Sumner Tunnel was constructed to connect the North End to Italian East Boston , the location of the then-new Boston Airport (now Logan International Airport ). In the 1950s the John F. Fitzgerald Expressway (locally known as the Central Artery) was built to relieve Boston's traffic congestion. Hundreds of North End buildings were demolished below Cross Street, and
6048-555: The Great Molasses Flood . A 25 ft wave of molasses flowed down Commercial Street towards the waterfront, sweeping away everything in its path. The wave killed 21 people, injured 150, and caused damage worth $ 100 million in today's money. In 1927, the Sacco and Vanzetti wake was held in undertaker Joseph A. Langone, Jr. 's Hanover Street premises. The funeral procession that conveyed Sacco and Vanzetti's bodies to
6174-525: The Improv Asylum Theater are located on Hanover Street. All Saints Way, a private art project located on Battery Street, is occasionally open to the public. It consists of framed portraits of Roman Catholic saints hung on a brick wall, some of which are visible from the street. At the end of the 19th century the North End was filled with small restaurants that served inexpensive meals. In 1909, there were 12 active Italian restaurants, and by
6300-571: The National Register of Historic Places . Other notable sites include: The North End is located within the Boston Police Department 's A-1 district (Downtown, Beacon Hill, and Chinatown are also included in this district). Residents complain of repeated noise and litter problems stemming from loud partying in the neighborhood. In 2012, Boston police officers increased patrols in the North End to deal with noise complaints. Other areas of concern have included attacks on women and
6426-657: The Pierce-Hichborn House and the Ebenezer Clough House on Unity Street. The Old North Church was constructed during this time as well, now known as Christ Church. It is the oldest surviving church building in Boston. The Hutchinson Mansion in North Square was attacked by anti- Stamp Act rioters on the evening of August 26, 1765, forcing Lieutenant Governor Thomas Hutchinson to flee through his garden. In 1770, 11 year-old Christopher Seider
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#17327987243316552-473: The United States , an easement in gross is used for such needs, especially for permanent rights. An access easement can provide access from public land, road or path or a public right of way to a parcel of land. For example, if Zach and James own neighboring parcels of land, Zach's parcel may have easement rights to cross James's parcel from public land, road or path or a public right of way. In such
6678-605: The 1925 move of the McCobb Spite House by barge from Phippsburg to Deadman's Point in Rockport, Maine . In 1814, John Tyler , an ophthalmologist and one of the first American-born physicians to perform a cataract operation , owned a parcel of land near the courthouse square in Frederick, Maryland . The city made plans to extend Record Street south through Tyler's land to meet West Patrick Street . In fighting
6804-409: The 1930s a few of these restaurants were renowned. Today, the North End's streets are lined with cafes, small grocery stores, and Italian restaurants. These restaurants are a popular destination for both locals and tourists. Sicilian immigrants also started food companies specializing in their native cuisine, which after successful expansion moved out of the neighborhood. The Pastene company began as
6930-460: The 2010 Census data, the neighborhood's population is 10,131, a 5.13% rise from 2000. The majority of the North End's residents are White (90.88%), followed by Hispanic or Latino (3.69%), Asian (2.83%), Black/African Americans (1.13%), two or more races/ethnicities (1.01%) other race/ethnicity (0.29%), American Indian and Alaska Native (0.15%), and Native Hawaiian and Other Pacific Islander (0.03%). A small community of free African Americans lived at
7056-685: The Artery walled off the North End from downtown, isolating the neighborhood. The increased traffic led to the construction of a second tunnel between the North End and East Boston; this second tunnel (the Callahan Tunnel ) opened in 1961. Although the construction of the Central Artery created years' worth of disorder, in the 1950s the North End had low disease rates, low mortality rates, and little street crime. As described by Jane Jacobs in The Death and Life of Great American Cities , in 1959
7182-701: The Christopher Columbus School (now a condominium building), a public bathhouse, and a branch of the Boston Public Library were built. These investments, as well as the creation of the Paul Revere Mall (also known as the Prado), contributed to the North End's modernization. The Civic Service House 's Night School, established in 1901, set out to do specialized settlement work along civic lines, and purposed to reach
7308-722: The Clough House (1712). However, the bulk of the architecture seen in the area today dates from the late 19th to early 20th centuries, when tenement architecture replaced mansions and other buildings to accommodate the influx of immigrants. By the time of the Great Depression , the North End's reputation as a city slum resulted in lending discrimination ; the area's residents could not obtain mortgages for construction or rehabilitation. Instead, residents, many of whom were carpenters, electricians, plumbers, and masons, lent their labor to each other and succeeded at rehabilitating
7434-502: The Coty v. Ramsey Associates, Inc. case of 1988 ruled that the defendant's spite farm constituted a nuisance, granting the neighboring landowner a negative easement. Spite houses, as well as spite farms, are considerably rarer than spite fences . This is partially attributable to the fact that modern building codes often prevent the construction of houses likely to impinge on neighbors' views or privacy, but mostly because fence construction
7560-748: The Greenway occupy the site of the former elevated Central Artery (demolished in 2003). Other notable green spaces include Cutillo Park, Polcari Park, Langone Park, DeFilippo Playground, the Paul Revere Mall (The Prado), and the Christopher Columbus Waterfront Park . No MBTA subway station is within the neighborhood, but stations serving the Blue, Orange, and Green Lines are within 5-10 minute walks, including Aquarium , Haymarket , and North Station . According to
7686-614: The North End Park and Beach, Copp's Hill Terrace , and the North End Playground. In the early 20th century, the North End was dominated by Jewish and Italian immigrants. Three Italian immigrants founded the Prince Macaroni Company, one example of the successful businesses created in this community. Also during this time, the city of Boston upgraded many public facilities in the neighborhood:
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#17327987243317812-569: The North End experienced population loss. During this time, many shops in the neighborhood closed, the St. Mary's Catholic School and the St. Mary's Catholic Church closed, and the waterfront industries either relocated or went defunct. During the 1970s and 1980s, the Boston Redevelopment Authority approved high-rise, high-density housing projects in the neighborhood while North End residents worked to build affordable housing for
7938-404: The North End's "streets were alive with children playing, people shopping, people strolling, people talking. Had it not been a cold January day, there would surely have been people sitting. The general street atmosphere of buoyancy, friendliness, and good health was so infectious that I began asking directions of people just for the fun of getting in on some talk." Throughout the 1960s and 1970s,
8064-442: The North End's buildings at low cost. Starting in the mid-1970s, the abandoned industrial area along the North End's waterfront was rebuilt and converted into a luxury housing and business district. After the 1970s and continuing to present day, developers converted tenements into larger apartments and condominiums. New development is regulated in this historic district under city zoning regulations. North End has twelve sites on
8190-451: The North End. Much of the community settled along Salem Street. The community founded places of worship, a Hebrew School, and social programs. In 1903, the first and only new synagogue to be built in the North End was constructed. Carroll Place was renamed "Jerusalem Place" in honor of the new building. By 1922, however, the majority of Jewish residents had moved out of the North End, preferring other neighborhoods such as Roxbury . By 1890,
8316-409: The North Square area was known as Little Italy. The population of Italian immigrants in the North End grew steadily until reaching its peak, in 1930, of 44,000 (99.9% of the neighborhood's total population). Although many businesses, social clubs, and religious institutions celebrate the neighborhood's Italian heritage, the North End is now increasingly diverse. Both the population of the North End and
8442-535: The Old Spite House. One possibility is that it was inhabited by two brothers who occupied different sections, would not speak to each other, and refused to sell to the other. Another explanation is that the ten-foot-wide (3 m) house, just tall enough to block the view of two other houses on Orne Street, was built because its owner was upset about his tiny share of his father's estate and therefore decided to spoil his older brothers' views. The Old Spite House
8568-575: The Protestant churches had left the neighborhood. The Boston Draft Riot of July 14, 1863, began on Prince Street in the North End. In the latter half of the 19th century, several charitable groups were formed in the North End to provide aid to its impoverished residents. These groups included The Home for Little Wanderers and the North End Mission. The North Bennet Street Industrial School (now known as North Bennet Street School)
8694-484: The alleyway, Hollensbury constructed a 7-foot-wide (2.1 m), 25-foot-deep (7.6 m), 325-square-foot (30.2 m), two-story home using the existing brick walls of the adjacent homes for the sides of the new house. The brick walls of the Hollensbury Spite House living room have gouges from wagon-wheel hubs, and the house is still standing and occupied. The Skinny House in Boston is considered
8820-646: The base of Copp's Hill from the 17th to the 19th century. Members of this community were buried in the Copp's Hill Burying Ground, where a few remaining headstones can still be seen today. The community was served by the First Baptist Church . By the late 19th century, the African American community of the North End was known as New Guinea. By that time, however, much of the community had actually moved to Beacon Hill . Between 1845 and 1853,
8946-638: The building also led to the development of the North Square , which was the center of community life. Increase Mather was the minister of the North Meeting House, an influential and powerful figure who attracted residents to the North End. On November 27, 1676, Mather's home, the meeting house, and a total of 45 buildings were destroyed by a fire—Boston organized the first paid fire department in America two years later. The meeting house
9072-454: The church. The church refused permission, asserting that the churchyard was full but that the family could donate their land to the church and then build a monument on part of it. Feeling slighted, the family immediately set about building themselves a house on their land with a 40-foot (12 m) column erected next to the churchyard so it towered over the trees. The Edleston Spite House is still standing and occupied, and has MCMIV (1904) over
9198-577: The city, Tyler discovered a local law that prevented the building of a road if work was in progress on a substantial building in the path of a proposed road. To spite the city, Tyler immediately had workmen pour a building foundation, which was discovered by the road crews the next morning. In 1830, John Hollensbury's home in Alexandria, Virginia , was one of two houses that directly bordered an alley that attracted an annoying amount of horse-drawn wagon traffic and loiterers. To prevent people from using
9324-490: The colors of the transgender pride flag . The houses provide shelter to volunteers and a community garden . Edgar Allan Poe 's " The Business Man ", (written in 1839 or 1840) includes the following passage in the voice of Peter Proffit, a confidence trickster who describes himself as a legitimate businessman. Proffit's attempted scam is to build a spite house and extort his neighbors to pay him to tear it down. (He calls this line of business 'the Eye-Sore trade'.) Whenever
9450-524: The community to address these issues. Today, the "old world" Italian atmosphere of the North End helps to drive tourism, and many of the small neighborhood shops have been replaced by restaurants. Italian feasts, such as the Feast of St. Anthony and the Fisherman's Feast, are still celebrated in the streets of the North End, and draw large crowds. The North End Music and Performing Arts Center (NEMPAC) and
9576-520: The construction trades, and by 1920 the neighborhood was served by Italian physicians, dentists, funeral homes, and barbers. Residents founded businesses, some of which still exist today, including Prince Pasta , the Pastene Corporation, and Pizzeria Regina . The Italian American community faced anti-Italian sentiment, prejudice, and neglect. After World War II, however, Italian Americans began to gain political power which then helped
9702-447: The court balances the hardships of the properties and determines an easement is warranted. When determining whether to award an equitable easement, courts utilize the “relative hardship” test. The test is based on the following three factors: North End, Boston, Massachusetts The North End is a neighborhood of Boston , Massachusetts , United States. It is the city's oldest residential community, having been inhabited since it
9828-403: The debtor and starts the tolling of another prescriptive period. This differs from peremption , which is a fixed time for the existence of a legal right and which cannot be renewed like liberative prescription. When a property owner misrepresents the existence of an easement while selling a property and does not include in the deed to the buyer an express easement over an adjoining property that
9954-411: The dominant estate has used the property in a hostile, continuous and open manner for a statutorily prescribed number of years. Prescriptive easements differ from adverse possession by not requiring exclusivity. Once they become legally binding, easements by prescription hold the same legal weight as written or implied easements. But, before they become binding, they hold no legal weight and are broken if
10080-425: The dominant tenement holder would have to act to defend their easement rights during the statutory period or the easement might cease to have legal force, even though it would remain a deeded document. Failure to use an easement leading to loss of the easement is sometimes referred to as "non-user". Under the civil law of Quebec possessors with the animus (will) to be owners can acquire a right of ownership (or to
10206-401: The easement files a lawsuit, and the judge weighs the relative damage caused by enforcing an easement against the servient estate against the damage to the dominant estate if the easement is found not to exist and is thus landlocked. Because this method of creating an easement requires imposing a burden (the easement) upon another party for the benefit of the landlocked owner, the court looks to
10332-490: The easement must agree to divide. If subdivided, each subdivided parcel enjoys the easement. A floating easement exists when there is no fixed location, route, method, or limit to the right of way . For example, a right of way may cross a field, without any visible path, or allow egress through another building for fire safety purposes. A floating easement may be public or private, appurtenant or in gross. One case defined it as "(an) easement defined in general terms, without
10458-453: The easement will not usually be described precisely, but its general position will be defined by the service route (i.e., the sewer pipes in this example). Power and water lines may also have implied easements linked to them, but drainage and stormwater systems are commonly precisely defined in location and recorded in the title documents for private land. Necessity alone is an insufficient claim to create any easement. Parcels without access to
10584-569: The elderly. One of these projects, the Casa Maria Apartments, stands on the site of the St. Mary's Catholic Church. In 1976, the neighborhood welcomed President Ford and Queen Elizabeth II , who each visited the North End as part of the United States Bicentennial Celebrations. During the late 20th century through the early 21st century, the Central Artery was dismantled and replaced by
10710-412: The exclusivity requirement has been interpreted to mean that the prescriptive user must use the easement in a different way from the general public, i.e., a use that is "exclusive" to that user. The period of continuous use for a prescriptive easement to become binding is generally between 5 and 30 years depending upon local laws (sometimes based on the statute of limitations on trespass). Generally, if
10836-692: The following five-alarm fires in the North End since 1860: Two fires are known to have resulted in at least 10 fatalities, both involving crowded housing conditions: The Boston Public School system operates the John Eliot Elementary School in the North End. The school opened as the North Writing School in 1713 and merged with the North Latin School in 1790 to form the John Eliot School; it
10962-461: The foundation of easement law. An affirmative easement is the right to use another property for a specific purpose while a negative easement is the right to prevent another from performing an otherwise lawful activity on their own property. For example, an affirmative easement might allow land owner A to drive their cattle over the land of B. A has an affirmative easement from B. Conversely, a negative easement might restrict land owner A from putting up
11088-616: The front door. In 1907 there was a "spite" church in Brooklyn , New York. It was built to take advantage of a law that forbade the operation of saloons within a certain distance of churches. Saloon owners brought suit against the church, arguing that the church was not a real church and no worship was practiced. The saloon owners won the case. In 1908, Francis O'Reilly owned an investment parcel of land in West Cambridge, Massachusetts , and approached his abutting land neighbor to sell
11214-470: The grid designers. The Freeport Spite House is still standing and occupied. At the turn of the 20th century, the city of Alameda, California , took a large portion of Charles Froling's land to build a street. Froling had planned to build his dream house on the plot of land he received through inheritance. To spite the city and an unsympathetic neighbor, Froling built a house 10 feet (3.0 m) deep, 54 feet (16 m) long and 20 feet (6.1 m) high on
11340-434: The idea that land owners can intend to create an easement, but forget to include it in the deed . There are five elements to establish an easement by prior use: A owns two lots. One lot has access to a public street and the second is tucked behind it and fully landlocked. A's driveway leads from the public street, across the first lot and onto the second lot to A's house. A then sells off the first lot but forgets to reserve
11466-404: The land believing that there would be access to the bridge and the driveway and Joe then paid for a house and a connection, Joe can be said to rely on Ray's promise of an easement. Ray materially misrepresented the facts to Joe. In order to preserve equity, the court will likely find an easement by estoppel. On the other hand, if Ray had offered access to the bridge and driveway after selling Joe
11592-479: The land for a gain. After the neighbor refused to buy the land, O'Reilly built a 308-square-foot (28.6 m) building, measuring 37 feet (11 m) long and only 8 feet (2.4 m) wide to spite the neighbor. The O'Reilly Spite House is still standing and is occupied by an interior decorating firm as of mid-2009. The Sam Kee Building , built in 1913 in Vancouver, British Columbia , is a spite house and one of
11718-416: The land, there may not be an easement by estoppel. In this instance, it is merely inconvenient if Ray revokes access to the driveway. Joe did not purchase the land and build the house in reliance on access to the driveway and bridge. Joe will need to find a separate theory to justify an easement. In the United States , easements may be acquired (bought) by the government using its power of eminent domain in
11844-723: The largest geographic feature and is close to the center of the neighborhood. The North End's modern boundaries are to the northeast of the Rose Fitzgerald Kennedy Greenway , with the outlet of the Charles and Mystic Rivers to the North, and Boston Harbor to the East. Government Center , Quincy Market , and the Bulfinch Triangle neighborhoods lie across Greenway. The Charlestown Bridge crosses
11970-586: The law of England and Wales following the incorporation of the European Convention on Human Rights into English law, any deprivation of the rights of the owner of property must be "in accordance with law" as well as " necessary in a democratic society " and "proportionate". In certain jurisdictions in the United States, especially California , the court has the power to grant an equitable easement based on principles of equity (fairness). Equitable easements can be created for physical encroachments where
12096-459: The men built a new house, the other bought the lot next to it and built a house less than 12 inches (30 cm) from his neighbor's house in spite to deprive the neighbor of both view and breeze. The Virginia City Spite House is still standing and occupied. In 1954, a thin wedge-shaped building was erected by architects Salah and Fawzi Itani on a 120 sq m plot in Beirut , Lebanon at the request of
12222-516: The mouth of the Charles River to connect the North End to Charlestown , while the Callahan Tunnel , Sumner Tunnel , and MBTA Blue Line tunnel connect it to East Boston . Commercial Street and Atlantic Avenue border the neighborhood on the harbor side, while Hanover Street bisects the neighborhood and is the main north–south street. Cross Street and North Washington Street runs along the community's western edge. The North End Parks of
12348-599: The narrowest commercial buildings in the world, considered the narrowest by Guinness World Records. The city widened the street and took a large part of Kee's land, who then built a 4-foot-11-inch-wide (1.5 m) building on the remaining very small parcel of land. Before 1914, the Austro-Hungarians who ruled Sarajevo in Bosnia and Herzegovina wanted land in the Sarajevo Old Town district to build
12474-482: The neighbor's view of the butcher's property at will. The butcher's son got along with the family next door and eventually tore down the Collinsville Spite House . Also in the 19th century, a Freeport, New York , developer who opposed all of Freeport being laid out in a grid, put up a Victorian house virtually overnight on a triangular plot at the corner of Lena Avenue and Wilson Place to spite
12600-495: The neighborhood, and virtually all trips made within the neighborhood are by walking. Still, many sidewalks are not ADA accessible because they are narrow or obstructed. Resolving this accessibility issue would require removing some on-street parking spaces. Free and unlimited resident parking passes mean that 4,000 permits are available for only 1,500 on-street resident parking spaces. The few visitor parking spaces do not have meters, but do have two-hour limits. Paid public parking
12726-487: The obnoxious neighbor". In the 19th century, a butcher in Collinsville, Connecticut , feuded with his neighbor. To spite his neighbor, the butcher built between their adjoining houses a narrow, two-story structure with windows covered by Venetian blinds . The wooden building located between 23 and 25 River St. was the width of a standard stairway and allowed the butcher to block the sun to the neighbor's home and block
12852-403: The original circumstances in weighing the relative apportionment of benefit and burden to both lots in making its equitable determination whether such easement shall be created by the court. This method of creating an easement, being an active creation by a court of an otherwise non-existent right, may be automatically extinguished upon termination of the necessity (for example, if a new public road
12978-546: The original parties, who can be private or public/government entities. Implied easements are not recorded or explicitly stated until a court decides a dispute, but reflect the practices and customs of use for a property. Courts typically refer to the intent of the parties, as well as prior use, to determine the existence of an implied easement. Disputes regarding implied easements usually apply the principles of property law. A government authority or private service provider may acquire an implied easement over private land by virtue of
13104-401: The owner of parcel A holds an easement to use a driveway on parcel B to gain access to A's house. Here, parcel A is the dominant estate, receiving the benefit, and parcel B is the servient estate, granting the benefit or suffering the burden. A private easement is held by private individuals or entities. A public easement grants an easement to the public, for example, to allow public access over
13230-521: The percent of that population who are Italian have decreased over the years; as of 2014 the population of the North End was 7,360, of whom 824 (11%) had been born in Italy and an additional 2,772 (38%) were of Italian heritage. In 1923, the Michael Angelo (later renamed "Michelangelo") School was built in the North End and named in honor of the Italian residents. The street on which the building
13356-450: The prime cost of our lot and plaster. Can we? I ask the question. I ask it of business men. It would be irrational to suppose that we can. In season 10 of Curb Your Enthusiasm , Larry David opens coffee shop Latte Larry's as a "spite store" to get revenge on the neighboring store, Mocha Joe's. Easement An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It
13482-461: The promise that Joe can use Ray's driveway and bridge to the main road at any time, but Ray does not include the easement in the deed to the land. Joe, deciding that the land is now worth the price, builds a house and connects a garage to Ray's driveway. If Ray (or his successor) later decides to gate off the driveway and prevent Joe (or Joe's successor) from accessing the driveway, a court would likely find an easement by estoppel. Because Joe purchased
13608-410: The property) or in bad faith. Liberative prescription is analogous to the common law statute of limitations. As defined in La. C.C. Art. 3447, "liberative prescription is a mode of barring of actions as a result of inaction for a period of time." It can be renewed by the party who has gained its protection. For example, a debtor's admission that a debt is still owed renews the creditor's claim against
13734-413: The public service it performs. For example, a local authority may have the responsibility of installing and maintaining the sewage system in an urban area. Merely by the fact that it has that responsibility, usually enshrined in some statute or local laws, may give the authority the right, by virtue of an implied easement, to enter private property to carry out installation and maintenance. The location of
13860-445: The seller owns, a court may step in and create an easement. Easements by estoppel generally look to any promises not made in writing, any money spent by the benefiting party in reliance on the representations of the burdened party, and other factors. If the court finds that the buyer acted reasonably and in good faith and relied on the seller's promises, the court may create an easement by estoppel. For example: Ray sells land to Joe on
13986-439: The soldier returned, he found his inheritance depleted and built a wooden house at 44 Hull St. to spite his brother by blocking the sunlight and ruining his view. The outside of the house spans 10.4 feet (3.2 m) and tapers to 9.25 feet (2.82 m) in the rear. In 1880, Adam Schilling owned a tract of 80 acres (32 ha) adjoining the town of Hiawatha, Kansas . Schilling sold three-quarters of an acre of this land, on which
14112-575: The son of the Anchorena family, one of the wealthiest and traditionalist aristocratic families of the country; the Anchorenas, however, refused. Out of revenge, she had her high-rise building built between the Anchorena's palace and the church the family had erected on the opposing side of the adjoining square . In the 1950s, two Virginia City, Nevada neighbors got into a dispute. When one of
14238-557: The streets of the neighborhood while well-wishers attach dollar bills to the statues as a donation and show of support. The feasts also include marching bands, food and other vendors, and live music. The North End has a mixture of architecture from all periods of American history, including early structures such as the Old North Church (1723), the Paul Revere House (1680), the Pierce-Hichborn House (1711), and
14364-504: The tiny strip of land left to him. He cantilevered the front-facing second story both to maximize floor space and preclude encroachment on zoning setbacks. The Alameda Spite House is still standing and occupied. In 1904, the family of a deceased Joseph Edleston owned a plot of land next to the churchyard of St. Mary's in Gainford, England . The children asked to erect a monument in the churchyard in memory of Joseph's 41-year tenure at
14490-403: The true property owner acts appropriately to defend their property rights at any time during the required time period the hostile use will end, claims on adverse possession rights are voided, and the continuous use time period will be reset to zero. In some jurisdictions, if the use is not hostile but given actual or implied consent by the legal property owner, the prescriptive easement may become
14616-495: The true property owner takes appropriate acts to defend their ownership rights. Easement by prescription is typically found in legal systems based on common law , although other legal systems may also allow easement by prescription. Laws and regulations vary among local and national governments, but some traits are common to most prescription laws: Unlike fee simple adverse possession, prescriptive easements typically do not require exclusivity . In states that do, such as Virginia,
14742-532: Was a functional (albeit impractical) apartment building with eight suites, each consisting of three rooms and a bath. In the early 1890s, in the Astor family , William Waldorf Astor 's mansion was next door to that of his aunt, Caroline Webster Schermerhorn Astor , on the block later occupied by the Empire State Building . He and his aunt did not get along well, and William replaced his mansion with
14868-399: Was also founded at around this time to provide North End residents with the opportunity to gain skills that would help them find employment. Beginning in the 1880s, North End residents began to replace the dilapidated wooden housing with four- and five-story brick apartment buildings, most of which still stand today. The city contributed to the revitalization of the neighborhood by constructing
14994-562: Was built in Newbury , Massachusetts . According to local legend, as per the terms of a divorce settlement, a man was required to build an exact replica of his house for his now ex-wife, but since the wife had failed to specify where the house be built, he built in the Great Marsh on the edge of town with saltwater plumbing. In 1925, according to one common story, a Montlake, Seattle , Washington neighbor made an insultingly low offer for
15120-459: Was built in 1882 and demolished in 1915. It was four stories tall, 104 feet (31.7 m) wide, and only five feet (1.5 m) deep. Joseph Richardson, the owner of the plot, built it after the owner of an adjacent plot, Hyman Sarner, unsuccessfully tried to purchase the land. Sarner considered the plot useless by itself and offered only $ 1000; Richardson demanded $ 5000. After the deal fell through, Richardson had an apartment building constructed on his land. It
15246-512: Was colonized in the 1630s. It is only 0.36 square miles (0.93 km ), yet the neighborhood has nearly one hundred establishments and a variety of tourist attractions. It is known for its Italian American population and Italian restaurants. The North End as a distinct community of Boston was evident as early as 1646. Three years later, the area had a large enough population to support the North Meeting House . The construction of
15372-536: Was concentrated on Commercial, Fulton, and Lewis Streets . During this time the neighborhood also developed a red-light district, known as the Black Sea . By the late 1840s, living conditions in the crowded North End were among the worst in the city. Successive waves of immigrants came to Boston and settled in the neighborhood, beginning with the Irish and continuing with Eastern European Jews and Italians. Boston as
15498-440: Was constructed was renamed Michelangelo Street, and remains the only street in the North End with an Italian name. The Michelangelo School closed in 1989, and the building was converted into housing. Italian bakeries, restaurants, small shops, and groceries opened in the first half of the 20th century. The first immigrants found work selling fruit, vegetables, wine, cheese and olive oil. Later immigrants found more opportunities in
15624-531: Was established in 1913 and moved to its present location, a building designed by Carl Koch , in 1963. This branch maintains an Italian-language collection as well as a local history collection in addition to its regular holdings. The North End is accessible via mass transit provided by the Massachusetts Bay Transportation Authority (MBTA) including: The North End has narrow, dense streets. No major streets run through
15750-478: Was part of an angry crowd that attacked the home of Ebenezer Richardson which was located on Hanover Street . Richardson fired a gun into the crowd, hitting and fatally wounding the boy. During the Siege of Boston , the North Meeting House was dismantled by the British for use as firewood. In the first half of the 19th century, the North End experienced a significant amount of commercial development. This activity
15876-645: Was rebuilt soon afterwards, and the Paul Revere House was later constructed on the site of the Mather House. Part of Copp's Hill was converted to a cemetery, called the North Burying Ground (now known as Copp's Hill Burying Ground ); the earliest grave markers in the cemetery date to 1661. The North End became a fashionable place to live in the 18th century. Wealthy families shared the neighborhood with artisans, journeymen, and laborers. Two brick townhouses are still standing from this period:
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