cw Easement – Prescription – Right to light – Greenhouse – Claim for sufficient light to cultivate plants – Whether specially high amount of light – Whether right to extraordinary amount of light capable of being acquired by prescription – Whether right is to light for illumination only or capable of including sun’s warmth
The claimants greenhouse had been in the same position for over 20 years. They complained about work on the defendant neighbour’s land which interfered with the rights of light they had acquired.
Held: The Act set the standard for the easement acquired by prescription as the extent required for the use which had been made. The greenhouse required extra light, and that was the extent of the easement acquired.
Buckley, Orr and Goff L.JJ
England and Wales
Cited – Colls v Home and Colonial Stores Ltd HL 2-May-1904
The courts below had concluded that the defendant had infringed the plaintiff’s right to light, and had awarded an injunction.
Held: the appeal succeeded. The House set out the requirements for establishing the existence of a right to light. . .
Lists of cited by and citing cases may be incomplete.
Updated: 06 June 2022; Ref: scu.177400