A Treatise on the Law of Window Lights |
Other editions - View all
Common terms and phrases
abandonment abate access of light acquiescence acquired action adjoining land alteration ancient lights ancient windows apply arise assignee Auction Mart Company authority Beav benefit bill building cited claim considered continuous conveyance court of equity covenant custom damages decided decision deed defendant defendant's doctrine dominant tenement Duke easement effect enjoyed enjoyment entitled erected existence express extent fee simple Gale ground held House of Lords implied grant injunction injury intention interfere interruption judgment jurisdiction jury Kindersley lease licence light and air Lord Chancellor Lord Cottenham Lord Cranworth Lord Eldon Lord Westbury ment messuage Moxhay neighbour nuisance occupation old window opinion owner party person plaintiff plaintiff's house premises Prescription Act prevent principle purchaser Pyer question remedy restrain right to window rule servient tenement servitudes sold Tapling tenant thereof tion twenty unity of possession vendor Vice-Chancellor Vict wall window lights Wood
Popular passages
Page 148 - Of course, the price would be affected by the covenant, and nothing could be more inequitable than that the original purchaser should be able to sell the property the next day for a greater price, in consideration of the assignee being allowed to escape from the liability which he had himself undertaken.
Page 148 - That the question does not depend upon whether the covenant runs with the land is evident from this, that if there was a mere agreement and no covenant, this Court would enforce it against a party purchasing with notice of it; for if an equity is attached to the property by the owner, no one purchasing with notice of that equity can stand in a different situation from the party from whom he purchased.
Page 237 - AB of of the one part, and CD of of the other part, witnesseth that in consideration of the sum of £ now paid to AB by CD, the receipt of which the said AB hereby acknowledges [or whatever else the consideration may be], he the said...
Page 185 - ... complained of, or the committal of any breach of contract or injury of a like kind, arising out of the same contract, or relating to the same property or right...
Page 22 - ... 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 188 - If the thing sought to be prohibited is in itself a nuisance, the Court will interfere to stay irreparable mischief without waiting for the result of a trial ; and will, according to the circumstances, direct an issue or allow an action, and, if need be, expedite the proceedings, the injunction being in the meantime continued.
Page 148 - That this Court has jurisdiction to enforce a contract between the owner of land and his neighbour purchasing a part of it, that the latter shall either use or abstain from using the land purchased in a particular way, is what I never knew disputed.
Page 10 - I see by little and little more of what is to be done, and how it is to be done, should I ever be able to do it.
Page 145 - The knowledge by an assignee of an estate, that his assignor had assumed to bind others than the law authorises him to affect by his contracts — had attempted to create a real burthen upon property, which is inconsistent with the nature of that property, and unknown to the principles of the law, cannot bind such assignee by affecting his conscience.
Page 79 - ... an inconvenience materially interfering with the ordinary comfort, physically, of human existence, not merely according to elegant or dainty modes and habits of living, but according to plain and sober and simple notions among the English people?