Cases - Ecclesiastical Commissioners v Kino
Record details
- Name
- Ecclesiastical Commissioners v Kino
- Date
- (1880)
- Citation
- Ch 430
- Legislation
- Keywords
- Easements - Rights of light
- Summary
-
A church was demolished with the intention of selling the site for development thereafter. After the church had been demolished, and before it could be sold, the owner of adjoining land started erecting a building on it that would have obstructed the light to the original church windows. The plaintiff successfully sought an injunction to restrain the adjoining owner from obstructing the windows of any building to be erected on the site of the church, in so far as such windows occupied the same position as those of the demolished church.
The court held that the right to light had not been abandoned or brought to an end by the demolition. It still existed, although its enjoyment was suspended after demolition