Right to Light and Air: Being a Summary of the Law Relating to Ancient Windows, with All the Latest CasesW. Amer, 1868 - 33 Seiten |
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Häufige Begriffe und Wortgruppen
access of light adjoining his house Aldred's alteration ancient lights ancient windows appears Auction Mart Company Baten's built thereupon carrying Clark Coke common law consideration considered court of equity damages defendant diminution of light dominant tene dominant tenement easement entitled erected ESTATES GAZETTE given at law grant Headon ibid important interference Jack Justice Knight Bruce land adjoining legislature light and air LINCOLN'S INN Lord Cranworth Lord Justice Knight Lord Westbury Lordship mandatory injunction Martin ment merchants neighbour observations of Vice-Chancellor obstruction of light occurred owner party plaintiff Prescriptive Act principle property as land property in light question of nuisance quod permittat reason recent decision referred relief remedy Right to light Riparian Rights rule serious diminution servient tenement Sir Richard Kindersley sky area special user Stanford Law Library stopping supra tion town servitudes trade twenty undisturbed enjoyment vendor's Vice-Chancellor Wood whereof whole light window or windows Yates
Beliebte Passagen
Seite 25 - 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 26 - Having arrived at this conclusion with. " regard to the remedy which would exist at law, we are " met with the further difficulty that in equity we must not " always give relief (it was so laid down by Lord ELDON " and by Lord WESTBURY) where there would be relief
Seite 7 - When a man has a lawful easement or profit by prescription from time whereof &c , another custom which is also from time whereof &c., cannot take it away ; for the one custom is as ancient as the other : as if one has a way over the land of A to his freehold by prescription from time whereof &c., A cannot alledge a prescription or custom to stop the said way...
Seite 23 - Therefore, even if the evidence satisfied me, which it does not, that for the purpose of their present business a strong light is not necessary, and that the...
Seite 22 - ... erection of the new buildings will materially interfere with the quantity of light necessary or desirable for the plaintiffs in the conduct of their business. I desire, however, not to be understood as saying that the plaintiffs would have no right to an injunction unless the obstruction of light were such as to be injurious to them in the trade in which they are now engaged.
Seite 7 - But he said that for prospect, which is a matter only of delight and not of necessity, no action lies for stopping thereof, and yet it is a great commendation of a house if it has a long and large prospect, unde dicitur, laudaturqve domus longos quce prospicit agros. But the law does not give an action for such things of delight.
Seite 24 - ... and windows. There are many obvious cases of new buildings, darkening those opposite to them, but not in such a degree that an injunction could be maintained; or an action upon the case; which however might be maintained in many cases which would not support an injunction.
Seite 26 - ... and on this ground, that it cannot be contended that those who are minded to erect a building that will inflict an injury upon their neighbour have a right to purchase him out without any act of parliament for that purpose having been obtained.
Seite 7 - CJ then said that, for stopping as well of the wholesome air as of light, an action lies, and damages shall be recovered for them, for both are necessary . . . But he said that, for prospect, which is a matter only of delight and not of necessity, no action lies for stopping thereof, and yet it is a great commendation of a house if it has a long and large prospect, unde dicitur, laudaturque domus longos quae prospidt agros.
Seite 22 - ... that, in what is called sampling, a subdued light, if sufficient, may be better than direct sunlight. But this is not the question. It is comparatively an easy thing to shade off a too powerful glare of sunshine, but no adequate substitute can be found for a deficient supply of daylight.