Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-05-22
THE LAW OF WINDOW LIGHTS.
When Can n Man Lawfully Shut off
the Light from his Neighbours Win

dOWs!
There has been great deal of litigation both
In England and the United States on the sub
ject or window lights, and the right OF one
property owner to secure unrestricted light
and air over the property OF another. The
general rule In England has been that where
light aid air have been thus enjoyed fol
twenty years undiSturbed right to their
further enjoyment has been acquired and can
not be taken away. Yet there IS an old Eng
llSh case where the judges held that II two
men own two particles Of land adjoining, and
one of them build house upon his line, look
Ing into the others land, and this house con-
tlnues thus for thirty or forty years, yet the
other may upon his own land, lawfully erect a
house or other thing over and against the
others lights and windows. and the other can
have no cause of action. because sit was his
folly to build his house so near to another's
land"
OF course, If land has been sold at any time
reservfng rights to light and air over adjacent
property then under control Of the one who
made the sale, the right to light and air over
that property may be maintained. In some
cases the courts have been called upon to de-
termine such rights where adjacent lots be-
longing to the same owner were sold to differ
ent parties within five minutes. The English
doctrine OF the requirement of right to light
and air over another's land by means of un-
disturbed enjoyment for twenty years or more,
has not been recognized in this country in
most OF the states. In New York MaSsa chu-
sets, South Carolina, Maine, Maryland, Penn
SylNdHId- AldUdIlld, anu connecticut Jne Eng.
lish doctrine has been discarded; but In III
nois, New Jersey, and Louisiana it has been
maintained,
a leading case in New York is that of Parker
VS.. FOote, where the court held that no action
could be maintained against an owner for TAX
ing light and air from another's land. and the
court said: The party has no remedy but to
build on adjoining lands opposite the offensive
window. There Is no principle upon which
the modern English doctrine upon the subject
OF lights can be supported. 1t may do well
enough in England, but 1t cannot be applied
10 the growing cities OF this country without
working the most mischievouS consequences"
In Tyler's Law OF Boundaries, Fences, and
1ndoT Lights" there is much space given to
this 1nte esing subject, and many cases are
cited. Summing up the results Of 1t all, the
author says:
1.-The authorities clearly settle the PROPOSE
ton that where the owner of two properties,
Ude 15 whG bl has enjoyed continuous right to
window property which has enjoyed that right,
there is an Implied grant to him that a right to
the window lights shall be enjoyed Herewith.
so that II he parts with the tenement which
mas enjoyed the right to window lights over
another property he and consequently those
claiming under him are bound by the implied
grant and right"
Judge CoWen, in case in the Supreme
Court Of the state OF New York In 1855, gave
his opinion that 'the person who makes a
WINDOW in his house which overlooks the prop
eTty OF a neighbor does an act which he
strictly has no right to do. He enjoys an
easement of his neighbours property which In
time nay ripen into right. But before suf11-
tion OF a grant he has no right"
In another case decided in the Supreme
Court In 1856 it was held, .Darkening ano-
Tiers windows, or depriving him of a prospect
to light unrestricted has been acquired by
grant or prescription, invades no legal right"
The courts have gone very far in enforcing a
right to light and air over anOthers land,
no Inh rffr In l,an
granted for Consideration. Owners have not
only been thus prevented from building above
q certain height. but have even been prevented
from building on their own land at all. But in
the case OF independent owners of land, most
OF the courts OF this country will uphold man
In building on his own land to the exclusion of
light and air from his neighbours dwelling, IN
less the right to such light and air has been ac-
quired In some way.