Cases - Roberts v Macord

Record details

Name

Roberts v Macord

Date

(1832)

Citation

1 Mood & R 230

Keywords

Rights of light

Summary

The plaintiff and defendant owned adjoining pieces of land. The defendant's land included a timber yard and saw-pit. The plaintiff constructed a wall on his land, which the defendant pulled down, claiming that it obstructed the light and air to his timber yard and saw-pit. The plaintiff brought an action against the defendant in trespass. The judge rejected the defendant's argument that he had acquired a right of light and air by prescription, stating that this would mean that a man would be entitled to acquire an exclusive right of the light and air merely by laying a few boards on the ground to dry. This was not sufficient to raise the presumption of a grant of a right of light and air.