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. Together with the Full Law Reports of the Most Recent Cases on the Subject, and ... Examples Taken from Some of the Latest Cases in which the Author Has Been Engaged. With Seventeen Diagrams
B.T. Batsford, 1886 - 137 Seiten
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abandoned access of light acquired action adjoining alterations ancient lights ancient windows angle aperture appear application building called church claim Company considered contended continued course Court damages deal decided decision defendant dominant owner doubt easement effect enjoyed enjoyment enlarged entitled erected error evidence existed express fact feet floor further give given grant ground height held important injunction injury intention interfere judges judgment Justice land light and air London Lord loss lost material matter means method necessary neighbour object obstruction obtain occupied opening opinion original party passed period person plaintiff Plate portion position possession premises present prove pulled question railway raised reader reason reference regard rule seems servient shown side statute street substantial sufficient surveyor Table taken tenant tenement trial twenty wall
Seite 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.
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, 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 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...
Seite 45 - The question for the opinion of the court is, whether the plaintiff...
Seite 12 - No doubt the owner of a house would prefer that a neighbour should not have the right of looking into his windows or yard ; but neither this Court nor a court of law will interfere on the mere ground of invasion of privacy ; and a party has a right to open new windows, although he is thereby enabled to overlook his neighbour's premises, and so interfere, perhaps, with his comfort.
Seite 102 - In order to give a right of action, and sustain the issue, there must be a substantial privation of light, sufficient to render the occupation of the house uncomfortable, and to prevent the plaintiff from carrying on his accustomed business (that of a grocer) on the premises as beneficially as he had formerly done.
Seite 74 - ... submit to juries questions of degree, often of a very uncertain nature, and upon very unsatisfactory evidence. And in the same case, a party, who had acquiesced in the existence of a window of a given size, elevation or position, because it was felt to be no annoyance to him, might be thereby concluded as to some other window to which he might have the greatest objection, and to which he would never have assented, if it had come in question in the first instance.
Seite 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 access 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.
Seite 18 - 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...