Cases - Ankerson v Connelly
Record details
- Name
- Ankerson v Connelly
- Date
- [1907]; affirming 1906
- Citation
- 1 Ch 678, CA; affirming 2 Ch 544
- Legislation
- Keywords
- Rights to light – increased burden on servient owner
- Summary
-
The plaintiff was the owner of a piece of land adjoining the defendant’s premises. The latter consisted of a house with a backyard open to the sky. In the house there were 2 ancient lights on the ground floor looking into the yard. At the other end of the yard was a shed, which derived light from the yard to which one of its sides was open and from an ancient light looking onto the plaintiff's land. The defendant pulled down his house and rebuilt it preserving the ancient lights. He raised the wall between his yard and the plaintiff's land and left in it a window to shed and two apertures to give light to the yard. He covered in the yard so as entirely to shut out all light except that which came through the apertures. He pulled down hoardings, which the plaintiffs had erected to close the apertures and the shed window and they brought this action against him for declaration that he was not entitled to any easement over their land and air.
The case in the first instance was heard by Warrington J. (July 1906)
The appeal was heard by Cozens-Hady M.R. Sir Gorell Barnes, President and Kennedy L.J. (April 1907)
The court found that the defendant had increased the burden on the plaintiff's land. It was impossible to sever the burden and say that he was still entitled to impose on the plaintiff's land the burden which had previously existed. He could no longer maintain an action against the plaintiff for interference with his ancient lights. He had no right, which could be enforced, and therefore that the plaintiffs were entitled to the declaration they claimed.
The appeal failed.