Cases - Tapling v Jones

Record details

Name

Tapling v Jones

Date

(1865)

Keywords

Easements - rights of light

Summary

The plaintiff had altered the size and location of his lower windows, so that the new windows could only partly be said to be in the same apertures as the ancient lights. He had also added new upper windows in a position that meant that the adjoining owner could not obstruct them without obstructing the ancient part of the lower windows. Subsequently the plaintiff restored the lower windows to their original size and position, blocked the upper windows and demanded that the defendant pull down his wall. The House of Lords held that:

1. the plaintiff had done nothing unlawful in opening the new windows; and
2. by building the wall in a way which obscured the ancient lights the defendant's act was unlawful from the outset.

Note that it was only in so far as the defendant was obstructing the original window apertures that he was acting unlawfully.