A Practical Treatise on the Law of Window Lights |
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Page 1
... claimed , easibly , if enjoyed during erruption . mstances , also , which will d - by , a much less enjoy- ty years will confer a right ur subject will be : - easement , light , may be may be lawfully used . hall be said to be obstruc ...
... claimed , easibly , if enjoyed during erruption . mstances , also , which will d - by , a much less enjoy- ty years will confer a right ur subject will be : - easement , light , may be may be lawfully used . hall be said to be obstruc ...
Page 3
... claimed , absolutely and indefeasibly , if enjoyed during that time without interruption . Under some circumstances , also , which will be explained by - and - by , a much less enjoy- ment than for twenty years will confer a right of ...
... claimed , absolutely and indefeasibly , if enjoyed during that time without interruption . Under some circumstances , also , which will be explained by - and - by , a much less enjoy- ment than for twenty years will confer a right of ...
Page 4
... claimed by prescription or grant ; but a good title might have been made to them by mere occupancy and acquiescence , for twenty years , or perhaps , less ; for every man might erect , even on the extremity of his land , build- ings ...
... claimed by prescription or grant ; but a good title might have been made to them by mere occupancy and acquiescence , for twenty years , or perhaps , less ; for every man might erect , even on the extremity of his land , build- ings ...
Page 10
... claiming the light , whether plaintiff or defen- dant , need only state the disturbance of his enjoyment in the usual manner . Referring here , for a moment , to the case of Bland v . Moseley , and to the unsuccessful de- fence of ...
... claiming the light , whether plaintiff or defen- dant , need only state the disturbance of his enjoyment in the usual manner . Referring here , for a moment , to the case of Bland v . Moseley , and to the unsuccessful de- fence of ...
Page 18
... notice of it without proof . See as to the power of the Court of Aldermen over lights , under 19 Car . 2. c . 3 , now obsolete , 2 Salk . 425 , Arnott v . Brown . right thus claimed is in respect of the house , 18 OF WINDOW LIGHTS .
... notice of it without proof . See as to the power of the Court of Aldermen over lights , under 19 Car . 2. c . 3 , now obsolete , 2 Salk . 425 , Arnott v . Brown . right thus claimed is in respect of the house , 18 OF WINDOW LIGHTS .
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Common terms and phrases
9 Rep abate absolute adjoining land adverse possession alleged alteration ancient foundation ancient house ancient lights ancient window appeared building certiorari cient claimed commencement complained Cotterell Court covenant custom of London darken declared defendant had erected demised demurrer derogate doctrine dwelling easement of light enjoyed enjoyment of light extinguishment favour fendant held immemorial implied grant interruption judges jury landlord lease lessee lessor licence light and air lights for twenty Lord Chief Justice Lord Coke Lord Ellenborough Lord Kenyon Malk matter ment mentioned messuage or house nonsuit notwithstanding nuisance observed obstruct lights obstruct the light occasion occupancy and acquiescence owner party wall period plaintiff plaintiff's house plaintiff's light plaintiff's windows pleaded premises prescription presumed presumption privilege of light question respect reversioner Rosewell rule Saund seems Shadwell statute stop the lights sumption tenant tion Twis unity of possession vendee vendor verdict Yelv
Popular passages
Page 28 - ... unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing.
Page 42 - Provided also, that the time during which any person otherwise capable of resisting any claim to any of the matters before mentioned shall have been or shall be an infant, idiot, non compos mentis, feme covert, or tenant for life, or during which any action or suit shall have been pending, and which shall have been diligently prosecuted, until abated by the death of any party or parties thereto, shall be eicluded in the computation of the periods herein-before mentioned, except only in cases where...
Page 41 - EVIDENCE. tioned, or on any cause or matter of fact or of law not inconsistent with the simple fact of enjoyment, the same shall be specially alleged and set forth in answer to the allegation of the party claiming, and shall not be received...
Page 31 - Each of the respective periods of years hereinbefore mentioned shall be deemed and taken to be the period next before some suit or action wherein the claim or matter to which such period may relate shall have been, or shall be brought into question...
Page 40 - That in all Actions upon the Case and other Pleadings, wherein the Party claiming may now by Law allege his Right generally, without averring the existence of such Right from Time immemorial, such general Allegation shall still...
Page 41 - ... be deemed sufficient; and if the same shall be denied, all and every the matters in this Act mentioned and provided, which shall be applicable to the case, shall be admissible in evidence to sustain or rebut such allegation...
Page 41 - ... that in all pleadings to actions of trespass, and in all other pleadings wherein before the passing of this act it would have been necessary to allege the right to have existed from time immemorial, it shall be sufficient to allege the enjoyment thereof as of right by the occupiers of the tenement, in respect whereof the same is claimed, for and during such of the periods mentioned in this act as may be applicable to the case, and without claiming in the name or right of the owner of the fee,...
Page 79 - CJ, reserved the point, and directed the jury to find a verdict for the plaintiff, with liberty to the defendant to move to enter a nonsuit. A rule nisi for that purpose having been obtained in last Michaelmas Term, — Marryat and Chitty now showed cause.
Page 32 - ... no act or other matter shall be deemed to be an interruption, within the meaning of this statute, unless the same shall have been or shall be submitted to or acquiesced in for one year after the party interrupted shall have had or shall have notice thereof, and of the person making or authorizing the same to be made.
Page 13 - ... so being near, adjacent, or adjoining, by and according to the custom of the said city, in the same city for all the time aforesaid used and approved, well and lawfully may, might, and...