See also:law for a negative easement (q.v.) consisting in the right to prevent the owner or occupier of an adjoining tenement from
See also:building or placing on his own
See also:land anything which has the effect of illegally obstructing or obscuring the
See also:light of the dominant tenement . At
See also:common law a
See also:person, who opens a window in his
See also:house, has a natural right to receive the flow of light that passes through it . But his neighbour is not debarred thereby from building on his own land even though the effect of his
See also:action is to obstruct the flow of light thus obtained . Where, however, a window had been opened for so long a
See also:time as to constitute immemorial usage in law, the light became an "
See also:ancient light" which the law protected from disturbance . The
See also:Act 1832 created a statutory prescription for light . It provided (s . 3) that "when the
See also:access and use of light to and for" (any building) "shall have been actually enjoyed therewith for the full
See also:period of 20 years with-out interruption, the right thereto-shall be deemed absolute and indefeasible, any
See also:local usage or
See also:custom to the contrary notwithstanding, unless it shall appear that the same was enjoyed by some consent or agreement, expressly made or given for that purpose by deed or writing." The
See also:statute does not create an absolute or indefeasible right immediately on the expiration of twenty years . Unless and until the dominant owner's claim is broughtinto question (s.4) no absolute or indefeasible title can arise under the act . The dominant owner has only an inchoate right to avail himself under the act of the twenty years' uninterrupted enjoyment, if his claim is brought into question . But in the meantime, however long the enjoyment may have been, his right is just the same, and the origin of his right is just the same as if the act had never been passed . These principles were laid down in 1904 by the House of Lords in the leading case of Colls v . Home S' Colonial Stores Ltd .
(1904 A.C . 179) . They overrule an earlier view propounded by
See also:Lord Westbury in 1865 (Tapling v .
See also:Jones, 11 H.L.C . 290) that the Prescription Act 1832 had abrogated the common law prescription as to light, that the right to "ancient
See also:lights" now depends upon
See also:positive enactment alone, and does not require, and ought not to be rested on, any fiction of a "lost
See also:grant" (see EASEMENT) . There has been much difference of judicial opinion as to what constitutes an actionable interference with "ancient lights." On the one
See also:hand, the test has been prescribed that if an
See also:angle of 45°—uninterrupted
See also:sky light—was
See also:left, the easement was not interfered with, and, while this is not a
See also:rule of law, it is a
See also:good rough working criterion . On the other hand, it was held in effect by the
See also:Court of
See also:Appeal in the case of Colls v . Home & Colonial Stores Ltd . (1902; , Ch . 302) that to constitute an actionable obstruction of ancient lights it was sufficient if the light was sensibly less than it was before . The House of Lords, however, in the same case (1904 A . C .
179) overruled this view, and held that there must be a substantial privation of light enough to render the occupation of the house or building uncomfortable according to theordinary notions of mankind and (in the case of business premises) to prevent the
See also:plaintiff from carrying on his business as benefiqially as before . See also Kine v .
See also:Jolly (1905; 1 Ch . 48o) . There is, in Scots law, no
See also:doctrine as to "ancient lights." The servitude of light in Scotland is simply the
See also:Roman servitude non officiendi luminibus
See also:vet prospectui (see EASEMENT and ROMAN LAW) . The same observation applies to the
See also:Civil and other
See also:European Codes based on it . The doctrine as to ancient lights does not prevail generally in the
See also:United States (consult Ruling Cases, under "Air") .
ANCILLARY (from the Lat. ancilla, a handmaid)
There are no comments yet for this article.
Do not copy, download, transfer, or otherwise replicate the site content in whole or in part.
Links to articles and home page are encouraged.