AIR

Legal Dictionary -> AIR

AIR


AIR. That fluid transparent substance which surrounds our globe. 2. No property can be had in the air it belongs equally to all men,being indispensable to their existence. To poison or materially to changethe air, to the annoyance of the public, is a nuisance. Cro. Cr. 610; 2 Ld.Raym 1163; I Burr. 333; 1 Str. 686 Hawk. B. 1, c. 75, s. 10; Dane's Ab.Index h.t. But this must be understood with this qualification, that no onehas a right to use the air over another man's land, in such a manner as tobe injurious to him. See 4 Campb. 219; Bowy. Mod. Civ. Law, 62; 4 Bouv.Inst. n. 36 1; Grot. Droit de la Guerre et de la Paix, liv. 2, c. 2, Sec. 3,note, 3 et 4. 3. It is the right of the proprietor of an estate to enjoy the lightand air that will come to him, and, in general, no one has a right todeprive him of them; but sometimes in building, a man opens windows over hisneighbor's ground, and the latter, desirous of building on his own ground,necessarily stops the windows already built, and deprives the first builderof light and air; this he has the right to do, unless the windows areancient lights, (q.v.) or the proprietor has acquired a right by grant orprescription to have such windows open. See Crabb on R. P. Sec. 444 to 479and Plan. Vide Nuisance.

Terms of Use | Canadian Lawyers