The Surveyor and municipal engineer . from tho sills of the ancient lights. At tho rear of the privatepassage is a shop which has been erecteil within twentyyears from this date. Would the owner h.^ve any chance inrestraining the council or of being successful in an action forcompensation in a court of justice ? Under tho Prescription Act (2 and 3 Will. IV., c. 71) the acttml enjoy-ment of Iho access of light without interruption for twenty yenrs pivcsan absolute right, unless the light is limited by agreement in is to be deemed an interruption which has not been submittedto or
The Surveyor and municipal engineer . from tho sills of the ancient lights. At tho rear of the privatepassage is a shop which has been erecteil within twentyyears from this date. Would the owner h.^ve any chance inrestraining the council or of being successful in an action forcompensation in a court of justice ? Under tho Prescription Act (2 and 3 Will. IV., c. 71) the acttml enjoy-ment of Iho access of light without interruption for twenty yenrs pivcsan absolute right, unless the light is limited by agreement in is to be deemed an interruption which has not been submittedto or acfiuiesced in for one year. If, therefore, the shop has beenerected nineteen years and a day, the owner would have an inchoateright, which would become absolute when the period of twenty yearsis conaplete, interruption for a year not being possible. 11 o may alsohave acquired a right by implied grant or implied reservation if bothplots of land at any time belonged to one owner. Whether ho has. acquired such a right depends upon the facts. Assuming him to haveacquired a right, either (u) under the Prescription Act or (6) by impliedgrant or ropcrvation, the question would arise whether the obstructionof his light caused by tho proposed building was sullicient for thoCourt to interfere, and whether it was a mat tor for an injunction or fordamages, the general rule being that tho Court will not interfere byway of injunction where damages will afford adequate , however, tho right is only an inchoate right under the PrescriptionAct, the Court would not grant an injunction (see Biillrrnta » ftfScwfri, vol. viii., TnB Surveyor, p. 220). Hut the ownercould probably recover damages if he brought an action tho momentthe twenty years period expired and if ho could prove substantialdamage. By-Laws: Nkw Stukkt; HmsE Dhatnagk.—Cnuswrites : A builder has deposited plans for a building estate of20 acres (edged green on plan) which, physically speaking,li
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Keywords: ., bookcentury1800, bookdecade1890, booksubjectgreatbritain, bookyea
