Cases - Pendarves v Monro

Record details

Name

Pendarves v Monro

Date

(1892)

Citation

1 Ch. 611

Keywords

Rights of light

Summary

The plaintiffs' new premises had been built on the site of an old pub and house. When the defendant proposed building opposite the plaintiffs' premises, the plaintiffs began an action to prevent the proposed works going ahead. The evidence as to the coincidence of the old and new windows was vague. A witness stated in an affidavit that, to the best of his recollection, the new windows covered in whole or in part the position of the old windows. No plan had been kept. The judge accepted that it was probably right that the present windows covered in part the space occupied by the old windows. But, as he had no evidence of which part(s), he was unable to conclude that some definite part of an old window coincided with some definite part of the new windows. He therefore refused the plaintiffs' application for an interim injunction to prevent the defendant's building proceeding.