Cases - Ruscoe v Grounsell
Record details
- Name
- Ruscoe v Grounsell
- Date
- (1903)
- Citation
- 89 LT 426
- Legislation
- Keywords
- Rights of light - Prescription Act 1832
- Summary
-
John Musgrave sold 2 cottages to the plaintiff's predecessor (John Atkin). At the same time, a stone tablet was built into the wall of one of the cottages with the following inscription: 'This stone is placed by John Atkin to perpetuate John Musgrave's right to build within nine inches of this and any other building'. Some 85 years later, the plaintiff owned the 2 cottages and the defendant owned adjoining land. The plaintiff commenced an action against the defendant for obstructing his right of light by building a large shed on his land.
The Court of Appeal held that the inscription could not be construed as a consent or agreement 'expressly made for that purpose' within the meaning of section 3 of the Prescription Act. Therefore, the plaintiff had acquired a right of light by prescription.