Cases - Aynsley v Glover
Record details
- Name
- Aynsley v Glover
- Date
- (1875)
- Citation
- LR 10 Ch App 283
- Legislation
- Keywords
- Rights of light - Prescription Act 1832
- Summary
-
The plaintiff owned an inn, incorporating buildings that had previously been cottages. Some of the inn's windows received light over the defendant's adjoining land. The defendant then proposed building on his land and the plaintiff brought an action against him claiming an injunction to prevent him building in a way that would interfere with the inn's rights of light. The plaintiff claimed that he had acquired rights of light at common law and under the Prescription Act. The plaintiff was awarded an injunction and the defendant appealed.
The appeal was dismissed. The appeal court held that the plaintiff had established a right of light since time immemorial. A man of over 80 years old had given evidence that the windows had been there as long as he could remember. There was also evidence that the cottages were in existence in 1808 from a deed dated that year. There was no evidence of when the cottages had actually been built. Although there was evidence of common possession of the plaintiff's and defendant's properties at one stage, there was no evidence of common ownership. The court therefore held that there was proof that the windows had existed as far back as living memory went, showing a right of light from time immemorial.