ANCIENT LIGHTS

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ANCIENT LIGHTS

ANCIENT LIGHTS, estates. Windows which have been opened for twenty years or more, and enjoyed without molestation by the owner of the house. 5 Har. &John. 477; 12 Mass. R. 157,.220. 2. It is proposed to consider, 1. How the right of ancient light isgained. 2, What amounts to interruption of an ancient light. 3, The remedyfor obstructing an ancient light. 3.-1. How the right of opening or keeping a window open is gained. 1.By grant. 2. By lapse of time. Formerly it was holden that a party could notmaintain an action for a nuisance to an ancient light, unless he had gaineda right to the window by prescription. 1 Leon. 188; Cro. Eliz. 118. But themodern doctrine is, that upon proof of an adverse enjoyment of light; fortwenty years or upwards, unexplained, a jury may be directed to presume aright by grant, or otherwise. 2 Saund. 176, a; 12 Mass. 159; 1 Esp. R. 148.See also 1 Bos. & Pull. 400.; 3 East, 299; Phil. Ev. 126; 11 East, 372; Esp.Dig. 636. But if the window was opened during the seisin of a mere tenantfor life, or a tenancy for years, and the owner in fee did not acquiesce in,or know of, the use of the light, he would not be bound. 11 East, 372; 3Camp. 444; 4 Camp. 616. If the owner of a close builds a house upon one halfof it, with a window lighted from the other half, he cannot obstruct lightson the premises granted by him; and in such case no lapse of time necessaryto confirm the grantee's right to enjoy them. 1 Vent. 237, 289; 1 Lev. 122;1 Keb. 553; Sid. 167, 227; L. Raym. 87; 6 Mod. 116; 1 Price, 27; 12 Mass.159, Rep. 24; 2 Saund. 114, n. 4; Hamm. N. P. 202; Selw. N. P. 1090; Com.Dig. Action on the Case for a Nuisance, A. Where a building has been usedtwenty years to one purpose, (as a malt house,) and it is converted toanother, (as a dwelling-house,) it is entitled in its new state only to thesame degree of light which was necessary in its former state. 1 Campb. 322;and see 3 Campb. 80. It has been justly remarked, that the English doctrineas to ancient lights can hardly be regarded as applicable to narrow lots inthe new and growing cities of this country; for the effect of the rule wouldbe greatly to impair the value of vacant lots, or those having low buildingsupon them, in the neighborhood of other buildings more than twenty yearsold. 3 Kent, Com. 446, n. 4.-2. What amounts to an interruption of an ancient light. Where awindow has been completely blocked up for twenty years, it loses itsprivilege. 3 Camp. 514. An abandonment of the right by express agreement, orby acts from which an abandonment may be inferred, will deprive the partyhaving such ancient light of his right to it. The building of a blank wallwhere the lights formerly existed, would have that effect. 3 B. & Cr. 332.See Ad. & Ell. 325. 5.-3. Of the remedy for interrupting an ancient light. 1. An actionon the case will lie against a person who obstructs an ancient light. 9 Co.58; 2 Rolle's Abr. 140, 1. Nusans, G 10. And see Bac. Ab. Actions on theCase, D; Carth. 454; Comb. 481; 6 Mod. 116. 6. Total deprivation of light is not necessary to sustain this action,and if the party cannot enjoy the light in so free and ample a manner as hedid before, he may sustain the action; but there should be some sensiblediminution of the light and air. 4. Esp. R. 69. The building a wall whichmerely obstructs the right, is not actionable. 9 Ca. 58, b; 1 Mod. 55. 7.-4. Nor is the opening windows and destroying, the privacy of theadjoining property; but such new window may be immediately obstructed toprevent a right to it being acquired by twenty years use. 3 Campb. 82. 8.-5. When the right is clearly established, courts of equity willgrant an injunction to restrain a party from building so near theplaintiff's house as to darken his windows. 2 Vern. 646; 2 Bro. C. C. 65; 16Ves. 338; Eden on Inj. 268, 9; 1 Story on Eq Sec. 926; 1 Smith's Chan. Pr.593.; 4 Simm. 559; 2 Russ. R. 121. See Injunction; Plan. See generally on this subject, 1 Nels. Abr. 56, 7; 16 Vin. Abr. 26; 1Leigh's N. P. C. 6, s. 8, p. 558; 12 E. C. L. R. 218; 24 Id. 401; 21 Id.373; 1 id. 161; 10 Id. 99; 28 Id. 143; 23 Am. Jur. 46 to 64; 3 Kent, Com.446, 2d ed. 7 Wheat. R. 106; 19 Wend. R. 309; Math on Pres. 318 to 323; 2Watts, 331; 9 Bing. 305; 1 Chit. Pr. 206, 208; 2 Bouv. Inst. n. 1619-23.

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