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Cases cited for the legal proposition you have searched for.

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1

.... ( Id., at pp. 127-128.) The Venuto court explained that California law has rejected the English doctrine of "`ancient lights'" which afforded a landowner, by...lights doctrine. Their sole authority for this claim is Griffin v. Northridge (1944) 67 Cal.App.2d 69...' appeal and concludes that the penthouse permit is valid. ( Id., at pp. 7-13.) (8) The doctrine of res judicata precludes parties or privies from relitigating...


Court: Court of Appeal of California, First District, Division Three.
Date: Mar 18, 1987 Cited By: 37
2

...above rule finds its genesis in the repudiation of the traditional English doctrine of ancient lights. Under that doctrine, a landowner acquired an easement for light across an adjoining landowner's...; Prah v. Maretti, 108 Wis.2d 223, 321 N.W.2d 182 (1982); Venuto, supra. The ancient lights doctrine as...


Court: Nebraska Court of Appeals.
Date: Jun 17, 1997 Cited By: 4 Coram: 1
3

...in Hubbard v. Town, 33 Vt. 295, the plaintiff claimed a right under the so-called ancient lights doctrine; that is he asserted that by long and uninterrupted use of his...


Court: Supreme Court of Vermont. January Term, 1941.
Date: Feb 11, 1941 Cited By: 0 Coram: 1
4

...law has rejected the "ancient lights" doctrine which recognizes a prescriptive easement for light and air. ( Baird v. Hanna (1927), 328 Ill. 436...


Court: Appellate Court of Illinois, First District. Fifth Division Judgment affirmed.
Date: Jan 22, 1993 Cited By: 9 Coram: 1
5

...§ 821D. Midas responds by asserting that Mohr's claim, though styled as a nuisance action, in fact harkens back to the long-discredited English common law doctrine of ancient lights. Under that doctrine, a..., 321 N.W.2d 182, 188 (1982) (describing doctrine of ancient lights). Early in this country's history, however, every state considering the doctrine, including Iowa, repudiated its premise as...N.W. 188, 189-90 (1915) ("the doctrine of ancient lights does not obtain in this state, and no property owner is compelled when erecting his building to afford an abutter either light or air...


Court: Supreme Court of Iowa.
Date: Nov 23, 1988 Cited By: 14 Coram: 1
6

..., motorists cannot see Sam's from certain vantage points. Wal-Mart's claim finds no support as a common-law easement of view. The easement of view or "ancient lights" doctrine protected landowners from...neighbors who would erect structures blocking light or air from the landowner. Kansas has never adopted the doctrine. See Anderson v. Bloomheart, 101 Kan. 691, 692, 168 P...


Court: Supreme Court of Kansas
Date: Jan 29, 1999 Cited By: 14
7

.... 4. Easements — Prescription — Doctrine of Ancient Lights Under the English common law doctrine of ancient lights one could acquire a prescriptive easement entitling him to prevent an adjoining.... At one extreme there is the English common law doctrine of ancient lights, under which the owner of a window that has enjoyed unobstructed access to sunlight for a sufficient period of time can...," Comment, supra at 112 (footnotes omitted), and "very few, if any, American courts today would uphold a prescriptive right to light," Pfeiffer, Ancient Lights: Legal Protection of Access to Solar Energy, 68 A.B.A. J. 288, 289 (1982). Historically, there have been three principal reasons for the unpopularity of the doctrine of...


Court: Supreme Court of New Hampshire Hillsborough
Date: Oct 24, 1985 Cited By: 6 Coram: 1
8

...of ancient lights. Under that doctrine, a landowner acquired an easement for light across an adjoining landowner's property and could prevent the adjoining landowner from obstructing the light once the...ancient lights. Karasek, at 427-28. The court concluded by holding that "[a]n easement of light and air can be acquired in this country only by grant, either expressed or implied..., 357 (1971); Mohr v. Midas Realty Corp., 431 N.W.2d 380 (Iowa 1988). That rule finds its genesis in the repudiation of the English doctrine...


Court: The Court of Appeals of Washington, Division One.
Date: Sep 5, 1989 Cited By: 16 Coram: 1
9

...— Ancient Lights and Prescriptive Easements of Light and Air — Doctrine of Is Not Recognized in Maryland or Generally in This Country — Light and Air — Property Owners Had No Easement of, Which Was Invaded by...may also assert his rights before the Board of Municipal and Zoning Appeals, and on appeal from it. p. 508 The doctrine of ancient lights and prescriptive easements of light and air...against law or language. But such an easement is only a figure of speech. This court long ago held that the doctrine of ancient lights and prescriptive easements of light and air is not recognized in...


Court: Court of Appeals of Maryland.
Date: Dec 8, 1950 Cited By: 5 Coram: 1
10

...case often cited, has never been shaken. The English doctrine of ancient lights has never been adopted in this State, and has been generally repudiated in this country. In those States where this doctrine has...


Court: Supreme Court, Appellate Term
Date: Feb 1, 1904 Cited By: 6 Coram: 1
11

...to receive sunlight across adjoining land by both express agreement and under the judge-made doctrine of "ancient lights." Under the doctrine of ancient lights if the landowner had received sunlight across adjoining property for a specified period of time, the landowner was entitled to continue to receive unobstructed access to sunlight across the adjoining property. Under the doctrine the...in access to sunlight. American courts honor express easements to sunlight. American courts initially enforced the English common law doctrine of ancient lights, but later every state which considered the doctrine repudiated...Fontainebleau persuasive. The court leaped from rejecting an easement by prescription (the doctrine of ancient lights) and an easement by implication to the conclusion that there is no right to...


Court: Supreme Court of Wisconsin.
Date: Jul 2, 1982 Cited By: 73 Coram: 1
12

..., 17 A.2d 823; 1 Am.Jur., Adjoining Landowners, § 51. And the English doctrine of "ancient lights" has been unanimously repudiated in this country. 1 Am.Jur., Adjoining Landowners, § 49, p. 533...the common-law right of prescription as to "ancient lights" is in effect in this state. And from what we have said heretofore in this opinion, it is perhaps superfluous to add that we have no desire to dissent from the unanimous holding in this country repudiating the English doctrine of...ancient lights. The only other possible basis — and, in fact, the only one insisted upon...


Court: District Court of Appeal of Florida, Third District.
Date: Sep 23, 1959 Cited By: 19 Coram: 1
13

...of ancient lights is no part of the law of Pennsylvania. [544] 4. The language of a deed must always be interpreted in the light of the apparent object or purpose of the parties and...), 59 A.2d 85: that while an easement for light and air may be acquired by express or implied grant it cannot be acquired by prescription; and that the doctrine of ancient.... Restatement, Property, § 564, cited. [543] 3. An easement for light and air may be acquired by express or implied grant but cannot be acquired by prescription; and the doctrine...


Court: Supreme Court of Pennsylvania.
Date: Mar 22, 1960 Cited By: 5 Coram: 2
14

...air no implied easement for such merely are recognized in New York, the English doctrine of ancient lights being entirely rejected. Myers v. Gemmel, 10 Barb. 537...easement of light and air was held implied. The conclusion, however, to that effect was declared by the court to be "without any departure from * * * the American doctrine * * * as distinguished from the...English common law doctrine" and was reached because of the use of the word "appurtenances" in connection with the lot leased. "That word," the court said, "would give him whatever was attached to or...


Court: Supreme Court, Kings Special Term
Date: Mar 1, 1924 Cited By: 3 Coram: 1
15

...in the party wall between the buildings located on Lots Nos. 27 and 28 aforesaid. It is admitted by all parties that the common law doctrine of ancient lights no longer prevails in West Virginia. Code...abolition in this State of the common law doctrine of ancient lights, as that doctrine was established in England before the American Revolution, and as recognized by some of the States subsequent to..., following long usage. But, of course, the right could be controlled by contract. Under the doctrine, ancient lights were "entitled to protection as such, in the precise mode, and to the extent enjoyed...


Court: Supreme Court of Appeals of West Virginia.
Date: May 31, 1950 Cited By: 3 Coram: 2
16

..., 40 A.2d 395. The doctrine of ancient lights is not part of the law of this Commonwealth: Rennyson's Appeal, supra...


Court: Supreme Court of Pennsylvania.
Date: May 22, 1950 Cited By: 9 Coram: 1
17

.... Intervenors filed notice of pendency is from its inception improper by law. Intervenors are seeking to invoke the ancient and repudiated "Doctrine of Ancient Lights." In principle, the Doctrine was...overhanging them, or by throwing water from the roof and eaves upon them, or by obstructing ancient lights and windows" (Broom, Max. 369.). "The doctrine of presumption of...noceat" (3 Inst. [2011]). This was the law under The Emperor Justinian: To build upon your own land what may injure another is not lawful. The case at bar demonstrates that the ancient...


Court: Supreme Court of the County of Suffolk State of New York - Part XL
Date: Oct 30, 2018 Cited By: 0 Coram: 1
18

.... Dutcher, 31 N.J. Eq. 217, and Bloom v. Koch, 63 N.J. Eq. 10 (18), to negative the idea of the doctrine of ancient lights in New Jersey. In the...build so close to the complainant's building as to obstruct its light and air. The instant case is not placed upon the doctrine of ancient lights, or a user for over twenty years...


Court: Court of Chancery.
Date: Nov 7, 1925 Cited By: 4 Coram: 1
19

...do we by this discussion qualify or act contrary to W. Va. Code, 1931, 2-1-2, regarding the doctrine of ancient lights. Article III, Section 9 of the West Virginia...city built a parking ramp which ran along the side of the landowners' building adjacent to the window lights and exterior of the building. Reversed and remanded...distance, runs along the side of the appellants' commercial building adjacent to the window lights and exterior of the building. As part of their prayer, the appellants sought to require...


Court: Supreme Court of Appeals of West Virginia.
Date: Dec 9, 1980 Cited By: 15 Coram: 1
20

...domain of taste and temperament." Post, ¶ 15. Our dissenting colleague therefore invokes and reviews the old-country doctrine of ancient lights. But that doctrine's bearing on today's appeal is...place Vermont's unnecessary fence statute in context, I begin with a brief discussion of a property owner's rights at common law to light, air, and views. Under the English doctrine of ancient lights, a landowner could acquire an implied prescriptive easement in the light coming across his neighbor's property, and he could enjoin his neighbor from interfering with his continued access to such light. See 4 R. Powell, Powell on Real Property § 34.11[5], at 34-124 (2008). This doctrine was...263, 267 (Ct. App. 2002) (explaining that doctrine of ancient lights was ill-suited to conditions in United States during period of rapid growth, and noting that society had significant interest...


Court: Supreme Court of Vermont.
Date: Oct 24, 2008 Cited By: 14 Coram: 1

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