Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1929-06-16
EngLand's Ancient
Lights Ldw IS Not
eUpheId in America

ment adopted the prescription act"
in 1882 that provided against the
cutting off Of light from windows
enjoyed for the full period Of 20
years" This law is in force in
England today, although on rare
occasions 1t happens that the right
TO light has been enforced by means
Of the ancient law Of memory.
Therefore, according TO the Eng
lsh law, the owner OF land, by I'M
interrupted enjoyment Of his land
for 20 years. acquires a right TO
stop an adjoining land owner from
constructing any kind of a build
ing that will CIT off light from the
20 year old structure.
And in some cases the English
placed Importance on the exact
amount Of light cut off by another
structure. Combe's law Of light"
published in England, an authorita-
tive treatise used by English attor-
neys for reference, says: IN some
ccfe5 there have been remarks
dropped from the bench to the eff
feet that in ordinary cases in de-
Gliding whether there has been a
wrongful interference with light, a
guide is afforded BY measuring the
angle of light left after the OBJ
struction has been erected. For this
purpose, there has been said there
y 4 prima facie rule that If the
complaining party still has IS de-
grees Of unobstructed light, there
has been no wrongful interference.
This rule. which is generally re-
ferred TO as the 45-degree rule has
Eytvr been Applied rs q hsfd-and-
fast test" There follow this state
.asnS Somety. - eases fought tut
in the English courts in which some
judges refer to the "so-called rule"
some denounce it as unfair, and
others uphold IL.
But the English courts were care
full to distinguish between the light
and the view enjoyed by a window
under consideration. and the right
70 a view has never been held to be
a part of the doctrine Of ancient
lights. The view lis a matter only
Of delight and not of necessity"
stated the court In closing a case In
1910; and Lord Hardwicke. an emin-
ent iurist. observed some years Ia
ter that. IF people were allowed to
protect the outlooks from their win
dows there would be no great towns"
Rejected by u. s.
The doctrine Of ancient lights
based on the common law Of Eng
land, although recognized in this
country in some early cases and
apparently adopted in one state.
CDelaware). has generally been al
most unanimously r~epudiated here,
and this is one of the reasons why
We have great towns. points out the
real estate association.
For. said the Connecticut supreme
court Robinson v. Clapp, IS Conn.
1861, when n builds upon his own
land and puts out windows over
looking his neighbours land. he does
no more than exercise a legal right"
This is no encroachment on the
rights Of a neighbor and does no
injury to such an adjoining land
owner. continues the court.
Thus the owner of land in this
country has no legal right. in the
absence of a grant. to the light and
air unobstructed from the adjoin-
ing land: and this is a good thing
for real estate. for our people would
not want to purchase land so re-
stricted.
But both here and in England
there are situations where grants"
Of the right to light are freely given
by adjoining owners or implied by