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Right to light is a form of easement in English law that gives a long-standing owner of a building with windows a right to maintain an adequate level of illumination. The right was traditionally known as the doctrine of " ancient lights ". [ 1 ]
The following rights are recognized of an easement: Right to light, also called solar easement. The right to receive a minimum quantity of light in favour of a window or other aperture in a building which is primarily designed to admit light. Aviation easement. The right to use the airspace above a specified altitude for aviation purposes.
Easements in English law are certain rights in English land law that a person has over another's land. Rights recognised as easements range from very widespread forms of rights of way, most rights to use service conduits such as telecommunications cables, power supply lines, supply pipes and drains, rights to use communal gardens and rights of light to more strained and novel forms.
There are two kinds of easements known to the law: positive easements, such as a right of way, which give the owner of land a right himself to do something on or to his neighbour's lands and negative easements, such as a right of light, which gives him a right to stop his neighbour doing something on his (the neighbour's) own land. The right of ...
The easement contains pipes that supply water to 360,000 residents. The problem is that those pipes are now nearly 100 years old, so a rupture could happen at any time, resulting in untold damages.
Spite houses may deliberately obstruct light or block access to neighboring buildings, or might be flagrant symbols of defiance. [1] [2] Although, in the US, homeowners generally have no right to views, light, or air, neighbors can sue for a negative easement.
Wheeldon v Burrows (1879) LR 12 Ch D 31 is an English land law case confirming and governing a means of the implied grant or grants of easements — the implied grant of all continuous and apparent inchoate easements (quasi easements, that is they would be easements if the land were not before transfer in the unity of possession and title) to a transferee of part, unless expressly excluded.
The "polestar" of regulatory takings jurisprudence is Penn Central Transp. Co. v.New York City (1973). [3] In Penn Central, the Court denied a takings claim brought by the owner of Grand Central Terminal following refusal of the New York City Landmarks Preservation Commission to approve plans for construction of 50-story office building over Grand Central Terminal.
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