Cases - Levet v Gas Light and Coke Company
Record details
- Name
- Levet v Gas Light and Coke Company
- Date
- (1919)
- Citation
- 1 Ch. 24. 2
- Legislation
- Keywords
- Rights of light - Prescription Act 1832
- Summary
-
The plaintiff leased a workshop with 2 doors, which were opened for a variety of purposes, including admitting light. He claimed a right to light over the defendant's land in relation to the doors.
The judge held that section 3 of the Prescription Act was intended to apply to windows or apertures in the nature of windows, and not to apertures with doors in them, which were primarily constructed for the purpose of being closed and thus excluding light. He commented that, if a door could be fully or partially open at different times, it would not be possible to identify the aperture through which light had been enjoyed or how much light had been enjoyed. The plaintiff's claim for loss of light through the doors, therefore, failed.