A proprietor acquired a house and garden in a town, and converted it into two lots-the first consisting of a shop which he erected on the plot in front, and warerooms which had formed part of the sunk storey of the house, and had had for more than forty years windows looking out upon the garden ground to the back of the house. He sold this lot, ‘together with (1) the solum of the ground on which the said shop is built; (2) a right of property, in common with the proprietors of the dwelling-house, to the solum of the piece of ground on which the said cellars or warerooms are situated,’ and co. Thereafter he sold the remaining lot of the property, consisting of the dwelling-house above the shop, to a different purchaser, ‘together with a right of property along with’ the purchaser of the shop ‘to the solum of the piece of ground on which said house is built, together with the piece of ground or green lying to the’ back of the house, ‘with right to make use of it as absolute owner, it being hereby declared that there is no restriction against building on, or any right of servitude affecting, the said piece of ground.’ Held that the title of the purchaser of the shop gave him by implication a servitude of light over the piece of ground to the south on which the windows of the wareroom looked, and that the express grant of that piece of ground, with the declaration that there was no servitude affecting the ground in the title which the common author of the parties had given to the purchaser of the house, could not interfere with the servitude implied in the earlier right of the proprietor of the shop.
Citations:
[1880] SLR 18 – 113
Links:
Jurisdiction:
Scotland
Land
Updated: 20 November 2022; Ref: scu.578855