Cases - Cooper v Straker
Record details
- Name
- Cooper v Straker
- Date
- (1888)
- Citation
- 40 Ch D 21
- Legislation
- Keywords
- Rights of light - Prescription Act 1832
- Summary
-
The plaintiff had a warehouse used for the storage of wool. The windows to the warehouse had steel shutters that were generally kept shut except when the business of the warehouse required them to be opened. This was infrequent, particularly on the lower floors. The defendant argued that the plaintiff had failed to demonstrate sufficient user to entitle him to a right to light.
It was held that 'enjoyed' for the purpose of section 3 of the Prescription Act did not mean there had to be continuous use. It meant having the amenity or advantage of using the access to light. The judge considered that, where windows had moveable shutters, which were opened at the owner's pleasure for the admission of light, a right of light would be acquired after 20 years, if he opened them at any time he pleased during that period and provided that there was no interruption of access.