Cases - Collis v Laugher
Record details
- Name
- Collis v Laugher
- Date
- [1894]
- Citation
- 3 Ch 659
- Legislation
- Keywords
- Rights of light
- Summary
-
The defendant erected a hoarding in front of and about 18 in. from two windows in the plaintiff's house, obstructing the light entering it. The plaintiff began an action, claiming a right to light under section 3 of the Prescription Act. The issue was whether the plaintiff's property had enjoyed a right to light for 20 years before commencement of the action. Twenty years earlier, the external walls and roof of the plaintiff's house had been built. However, at that stage, the floors were not completely laid on the joists, the gas and water were not completely connected and the window apertures had no sashes or glass in them. This work was not completed and the house was not fit for habitation until some time later.
The judge held that, despite this, the house was finished as a building 20 years before the action began because all external work was done, the walls were finished, the roof was on and tiled and the building was wind and weather tight. Following Courtauld v Legh, he found that it was not necessary that the building should be occupied or completely fit for habitation. The windows were openings through which light could be obtained and through which the benefit of light had been enjoyed. The plaintiff had therefore established a right to light and the judge granted an injunction preventing the defendant from interfering with this right.