The court distinguished the elements of an easement of light and an easement of air. In the absence of an easement, a building may be erected so as to restrict the flow of air onto his neighbour’s land.
References: (1587)
Jurisdiction: England and Wales
This case is cited by:
- Cited – Aldred’s Case 1619 ((1619) 9 Co Rep 57 b, (1619) 77 ER 816)
An action would lie where a pig-stye was erected so close to the plaintiff’s house as to corrupt the air in the house, and also and similarly for a lime-kiln with smoke, or where filth from a dye house runs into a fish pond. Where the plaintiff . . - Cited – Hunter and Others v Canary Wharf Ltd HL 25-Apr-1997 (Gazette 14-May-97, Times 25-Apr-97, , [1997] UKHL 14, [1997] AC 655, [1997] Fam Law 601, [1997] 2 All ER 426, [1997] 2 FLR 342, [1997] 2 WLR 684, [1997] Env LR 488, [1997] 54 Con LR 12, [1997] 84 BLR 1, [1997] CLC 1045, (1998) 30 HLR 409)
The claimant, in a representative action complained that the works involved in the erection of the Canary Wharf tower constituted a nuisance in that the works created substantial clouds of dust and the building blocked her TV signals, so as to limit . . - Cited – Chastey v Ackland CA 1895 ([1895] 2 Ch 389, [1895] 64 L J QB 523, [1895] 72 LT 845, [1895] 43 WR 627, [1895] 11 TLR 460, [1895] 39 Sol Jo 582)
The two properties were in a terrace backing onto an area popularly used as a urinal. The defendant raised his wall by sixteen feet causing a stagnation of the air in the yard, making the other houses less healthy. The court at first instance . .
These lists may be incomplete.
Last Update: 22 September 2020; Ref: scu.195585
