Cases - Lawrence v Obee

Record details

Name

Lawrence v Obee

Date

(1814)

Citation

3 Camp 514

Keywords

Rights of light

Summary

This was a claim for nuisance as a result of smells from the defendant's toilet, rather than a claim for a right of light. However, it is relevant as it related to the effect of blocking up a window. There had been a window in the wall of the plaintiff's house, adjacent to the defendant's property, but this had been bricked up for more than 20 years. The defendant then built a toilet. The plaintiff subsequently created a window in the position of the previous window and complained of a nuisance (namely, the smells from the toilet). The claim was dismissed. It was held that, as the window had been shut up for 20 years, it was as if it had never existed. The judge considered that the plaintiff had brought the nuisance upon herself by re-creating the window.