Cases - Easton v Isted
Record details
- Name
- Easton v Isted
- Date
- (1903)
- Citation
- 1 Ch. 405 CA
- Legislation
- Keywords
- Rights of light - Prescription Act 1832
- Summary
-
In this case, the plaintiff argued that he had acquired a right to light under the Prescription Act in respect of a skylight or glazed roof, which had originally been part of a conservatory. The main issue was whether the light was enjoyed by virtue of a written agreement in relation to the light received through 'windows' (see below).
The judge held that the plaintiff's skylight would fall within section 3 of the Prescription Act unless the light had been enjoyed by consent or agreement in writing. However, he held that the word 'windows' in the written agreement included skylights and, therefore, that no right had been acquired under the Act. The Court of Appeal upheld the judge's decision.