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Light and Air: A Text-Book for Architects and Surveyors
Light and Air A Text-Book for Architects and Surveyors Author:Banister Fletcher Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Times of November 21,1878 :—" WJieeldon v. Burrows.—This case raised a question which has been a disputed point of law for hundreds of years, and which is often ... more »of importance —namely, where two persons simultaneously buy from the same owner, adjoining pieces of land with houses upon either of them, what are their rights to light and air as against each other? In January, 1876, Samuel Tetley sold land at Derby to Wheeldon, and adjoining land with a factory and other buildings on it to Burrows, and Burrows contended that the windows in his building, whether ancient lights or not, were apparent continuous easements necessary to the convenient enjoyment of his buildings, and therefore, when Tetley sold the adjoining land to Wheeldon, he expressly or impliedly reserved these lights, and Wheeldon could not now block them up. Wheeldon put up a boarding against Burrows' windows, in order to test his rights; this boarding Burrows threw down, and so the question came before the Court. " Mr. Horton Smith, Q.C., and Mr. Homer for Wheeldon; Sir H. Jackson, Q.C., and Mr. Cobb for Burrows. " Vice-Chancellor Bacon reserved his judgment, and this morning delivered it to the following effect:—The plaintiff contends that as the defendant's lights are not ancient lights, he holds his land subject to no easement; while the defendant contends that the right to lights over the plaintiff's land was implicitly reserved to him as much as if they had been expressly granted in the conveyances. The judgment in White v. Bass, reported 7 Hurlstone and Norman, 722, is clear on this point—that in a conveyance such as this there is no engagement not to build on the land, nor any limitation upon the right to use the land—i.e. to use it in a lawful way, as Baron Martin said. So in Suffield v. Brown, the bowspr...« less