Cases - Andrews v Waite
Record details
- Name
- Andrews v Waite
- Date
- [1907]
- Citation
- 2 CH 500
- Legislation
- Keywords
- Rights of light - Prescription Act 1832
- Summary
-
The plaintiff leased and occupied premises adjoining a property leased by the defendant. During the 20 years before the action, the plaintiff's premises had been substantially altered once and demolished and re-built on another occasion. The defendant then constructed a wall and buildings over 50 ft high on his land very close to the boundary and the plaintiff brought an action against him claiming an injunction preventing the defendant from building in a way which would interfere with his light.
The judge found that a substantial amount of light which came through the new windows had also come through the old ground and first floor windows. Previous cases (such as Scott v Pape (1886)) had considered whether a right that had already been acquired could be lost by demolition or alteration (see Extinguishment). He held that the same principles applied both after a right had been acquired and during the period necessary for its acquisition under section 3 of the Prescription Act. He therefore held that the alteration and demolition of the plaintiff's premises did not prevent the right from being acquired under the Act.