Light and Air: A Text-book for Architects and Surveyors : Shows in a Tabulated Form what Constitutes Ancient Light ... Also Methods of Estimating Injuries ... with Outline of Matters Necessary to be Remembered in Preparing for the Trial. Together with the Full Law Reports of the Most Recent Cases on the Subject... |
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Light and Air: A Text-Book for Architects and Surveyors: Shows in a ... Banister Fletcher, Sir No preview available - 2016 |
Light and Air: A Text-Book for Architects and Surveyors; Shows in a ... Banister Fletcher No preview available - 2017 |
Common terms and phrases
abandoned absolute and indefeasible access of light acquired action adjoining land adjoining owner alterations ancient lights ancient windows angle of 45 appear BANISTER FLETCHER Calle de Alcala church City of London claim considered contended Court damages decision defendant in error diagrams dominant owner dominant tenement dwelling-house easement Ecclesiastical Commissioners effect enjoyed enjoyment enlarged entitled erected evidence fact favour feet give glebe height held injury interfered judges judgment jury light and air Lord Justice loss of sky necessary neighbour obstruct the light occupied old apertures old building old right old windows opening opinion party period plaintiff in error plaintiff's house Plate portion position possession prescription present Prudential Assurance Company pulled purpose question railway company reader regard Renshaw right to light rule servient owner servient tenement shown skylight statute surveyor Table Tapling tenant Theed tion twenty Vice-Chancellor wall warehouse William Theed
Popular passages
Page 47 - ... right thereto shall be deemed absolute and indefeasible, unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing.
Page 6 - ... no Act or other matter shall be deemed to be an interruption, within the meaning of this statute, unless the same shall have been or shall be submitted to, or acquiesced in for one year after the party interrupted shall have had or shall have notice thereof, and of the person making or authorizing the same to be made.
Page 6 - That, when the access and use of light to and for any dwelling-house, workshop, or other building, shall have been actually enjoyed therewith for the full period of twenty years without interruption, the right thereto shall be deemed absolute and indefeasible, any local usage or custom to the contrary notwithstanding, unless it shall appear that the same was enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing.
Page 51 - On such a principle the person who opens new lights might allow them to remain until his neighbour, acting legally according to these judgments, has at great expense erected a dwelling-house, and then by abandoning and closing the new lights, might require his neighbour's house to be pulled down. I think the judgment ought to be affirmed, but not on the ground or for the reasons given by the majority of the Judges in the Courts below. I therefore move, your Lordships, that the judgment of the Court...
Page 87 - It is not so much the duration of the cesser as the nature of the act done by the grantee of the easement, or of the adverse act acquiesced in by him, and the intention in him which either the one or the other indicates, which are material for the consideration of the jury.
Page 58 - ... rights on his own land, without at the same time obstructing the former right of the plaintiff, he had only himself to blame for the existence of such a state of things, and must be considered to lose the former right which he had, at all events until he should, by himself doing away with the excess, and restoring his windows to their former state, throw upon the defendant the necessity for so arranging his buildings as not to interfere with the admitted right.
Page 87 - ... cesser of the use, in the absence of any express release, was necessary for its loss; but we apprehend that as an express release of the easement would destroy it at any moment, so the cesser of use, coupled with any act clearly indicative of an intention to abandon the right, would have the same effect, without any reference to time.
Page 68 - In all cases in which the Court of Chancery has jurisdiction to entertain an application for an injunction against a breach of any covenant, contract or agreement, or against the commission or continuance of any wrongful act, or for the specific performance of any covenant, contract or agreement...
Page 60 - ... remit the adjoining owner to the unrestricted use of his own premises. It will, of course, be a question in each case, whether the circumstances satisfactorily establish an intention to abandon altogether the future enjoyment and exercise of the right. If such an intention is clearly manifested, the adjoining owner may build as he pleases upon his own land; and should the owner of the previously existing window restore the former state of things, he could not compel the removal of any building...
Page 2 - I could not be disturbed even by a writ of right, the highest writ in the law. If my possession of the house cannot be disturbed shall I be disturbed in my lights