The land owner had a building with three stories. Each had a window with established rights of light. He extended the windows in the ground and first floor, and added two new stories. The neighbour built on his own land to an extent sufficient to block the new windows.
Held: The right to an ancient light is a matter of positivi juris, and is not derived from a presumption of lost grant. It arises automatically after enjoyment for 20 years, and is not lost by subsequent temporary interruption. The owner of a building does not exceed the limits of his right by opening new windows overlooking his neighbour’s land, whose remedy is solely to build so as to interrupt any new right without obstructing an existing right.
Citations:
[1865] 11 HLC 290
Cited by:
Cited – Midtown Ltd v City of London Real Property Company Ltd ChD 20-Jan-2005
Tenants occupied land next to land which was to be developed after compulsory acquisition. The tenants and the landlords asserted a right of light over the land, and sought an injunction to prevent the development. The developer denied that any . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 30 April 2022; Ref: scu.222583