Clawson v. Primrose

Citations

• 4 Del. Ch. 643

Syllabus

<p>The English doctrine of presumptive title to light and air, received over land of another person, arising from the uninterrupted enjoyment of it for twenty years and upward, through the window of a dwelling house, was part of the common law of England and of the colonies at the period of American Independence, and as such continued to be the law of Delaware under the constitution of the State adopted at the organization of the State Government in 1776.</p> <p>A court of equity will restrain the obstruction of lights, by erections on adjoining buildings, only when the privation of light and air by a proposed erection will be in such degree as to render the occupation of the complainant’s house uncomfortable if it be a dwelling house, or if it be a place of business materially less beneficial than it had formerly been.</p> <p>A fair test of what is such privation of light, &c., is the fact that a jury would give substantial and not merely legal damages.</p> <p>The consideration that the party whose light and air is about to be obstructed, having an open space on another side of his house, can by other arrangements supply the deficiency of light and air, is not admissible to affect his right to enjoy his property after the manner in which he had previously held it.</p> <p>Construction of that clause of the Constitution of 1776, declaring the common law of England to be in force in this State.</p> <p>Principles for determining what parts of the English common law are inapplicable in this country.</p> <p>The limits of judicial authority considered, with respect to alterations in the common law.</p>