Cases - Potts v Smith

Record details

Name

Potts v Smith

Date

(1868)

Citation

L.R. 6 Eq. 311

Keywords

Rights of light

Summary

The plaintiff leased a property adjacent to the defendant's land. The defendant then built on his land and the plaintiff claimed that the new building interfered with the free access of light and air to the house and the garden. In relation to the garden, the judge held that a right of light and air over open ground could not be acquired by prescription. If such a right were allowed in favour of open land, the consequence would be that no one would ever be able to build to the edge of his land. The judge, relying on Roberts v Macord, went on to say that:

'... in the present case, and in all others, it must be well understood that, however agreeable and beautiful a garden may be, if another person has land immediately adjoining it, neither the pleasure derived from the scent or sight of the flowers will prevent the owner of the adjoining land from erecting whatever buildings on his land he thinks fit.'