Light and Air: a Text-book for Architects and Surveyors: Shows in a Tabulated Form what Constitutes Ancient Light; how the Right is Acquired; how the Right May be Jeopardized; how the Right May be Lost; Injuries to Ancient Light for which There is No Remedy; Relative Position of Servient and Dominant Owners. Also Methods of Estimating Injuries ... with Outline of Matters Necessary to be Remembered in Preparing for the Trial
B.T. Batsford, 1879 - 111 Seiten
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abandoned access of light acquired action adjoining alterations amount ancient light ancient windows angle aperture appear building called carried claim Company consider contended continued course Court damages decided decision defendant dominant owner easement effect enjoyed enjoyment enlarged erected error evidence existed express extent fact favour feet floor former further give given grant ground height held important injunction injury intention interfere interruption judges judgment Justice land light and air Lord loss lost material matter means mention method necessary neighbour obstruction obtain occupied opening opinion original party passed period person plaintiff plane Plate portion position possession premises present prove question raised reader reason reference regard rule seems shown side skylight space statute street substantial surveyor Table taken tenant tenement trial twenty wall whole
Seite 6 - ... shall have been so enjoyed as aforesaid for the full period of forty years, the 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.
Seite 50 - 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.
Seite 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.
Seite 6 - That each of the respective periods of years herein-before mentioned shall be deemed and taken to be the period next before some suit or action wherein the claim or matter to which such period may relate shall have been or shall be brought into question...
Seite 63 - 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.
Seite 63 - ... 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.
Seite 47 - 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...
Seite 29 - If the owner of a dwelling-house with ancient lights, opens new windows in such a position as that the new windows cannot be conveniently obstructed by an adjoining proprietor without obstructing the old, he, the adjoining proprietor, is entitled so to do, at all events so long as the new windows remain. Upon examining the judgments it will be seen that the opening of the new windows is treated as a wrongful act done by the owner of the ancient lights, which occasions the loss of the old right he...
Seite 17 - There may appear to be some hardship in holding that the owner of a close who has stood by, without notice or remonstrance, while his neighbour has incurred great expense in building upon his own adjoining land, should be at liberty, by subsequent erections, to darken the windows, and so destroy the comfort of such buildings. Yet there can be no doubt of his right to do so at any time before the expiration of twenty years from their erection...