Cases - Price v Hilditch
Record details
- Name
- Price v Hilditch
- Date
- (1930)
- Legislation
- Keywords
- Easements - Prescription Act 1832, s. 3 - Rights of light
- Summary
-
The plaintiff brought an action for interference with the light to his building. In particular a scullery situated in the basement was affected. The scullery had been used as such for a long time, if not since the house was built. After the obstruction of light, the amount of light remaining was sufficient for the ordinary purposes of a scullery. However, Maugham J. held that the right of the plaintiff was not limited by the use to which he had put the room, namely that of a scullery, and that the obstruction did amount to an actionable interference with the right of light to the room.
Internal layout, certainly in the case of a right arising by virtue of section 3 of the Prescription Act 1832, is a matter of choice for the dominant owner whose rights will not be limited by reference to the present internal layout of the building.