Frewen v Philipps
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1862 |
| Date | 01 January 1862 |
| Court | Exchequer |
English Reports Citation: 142 E.R. 871
IN THE EXCHEQUER CHAMBER.
S. C. 30 L. J. C. P. 356; 7 Jur. N. S. 1246; 9 W. R. 786. Discussed, Harris v. De Pinna, 1886, 33 Ch. D. 253. Adopted, Mitchell v. Cantrill, 1887, 37 Ch. D. 62. Discussed, Wheaton v, Maple, [1893] 3 Ch. 65. Referred to, Cotls v. Home and Colonial Stores, [1904] A. C. 205. Discussed, Kilgour v. Gaddes, [1904] 1 K. B. 464. Doctrine upheld, Fear v. Morgan, [1906] 2 Ch. 406; [1907] A. C. 425.
[449] in the exchequer chamber, frewen v. phllu-ps. [S. C. 30 L. J. 0. P. 35(i; 7 Jur. N. S. 124(5; 9 W. K. 786. Discussed, Harris v. De Pinna, 1886, 33 Ch. D. 253. Adopted, Mitchell v. UantriU, 1887, 37 Ch. D. 62. Discussed, ft'healon v. Maple., [1893] 3 Ch. 65. Referred to, (Julia v. Home and (Jolomal Stores, [1904) A. C. 205. Discussed, Kilgaur v. tiaddet, [1904] 1 K. B. 464. Doctrine upheld, Fear v. Morgan, [1906] 2 Ch. 406 ; [1907] A. C. 425.J The plaintiff and defendant occupied houses adjoining each other as tenants under leases both of which were granted by the same lessor on the same day, viz. the 18th of December, 1788, and both expiring at the same time. The defendant by building on his own premises obstructed a window in the house of the plaintiff though the latter, had had an uninterrupted enjoyment of light and air for more than twenty years :-Held, that the circumstance of the two houses being held under the same landlord, and for the same term, did not prevent the one tenant from acquiring an indefeasible right to light as against the other. The declaration stated that for and during all the times thereinafter mentioned the plaintiff was, and thence hitherto had been and still was, lawfully possessed of a certain iriessuage or dwelling-house, with the appurtenances, in which said messuage or dwelling-house during all the time aforesaid there of right were, and still of tight ought to be, divers windows through which the light of right ought to have entered, and uutil the committing of the grievances by the defendant as thereinafter mentioned did enter and still of right ought to enter into the said messuage or dwelling-house, for the more convenient use and occupation of the same, without the obstructions thereinafter mentioned ; yet the defendant wrongfully and injuriously built and erected and raised, and kept and continued a certain conservatory, buildings, and erections near to the said windows, by reason of which premises the light was and ia hindered and prevented from coming and entering into or through the said windows into the said messuage or dwelling-house of the plaintiff, and the said messuage or dwelling-house has been and is thereby rendered dark and less fit for habitation, and was and is deteriorated in value, &c. The defendant pleaded,-first, not guilty,-secozidly, that there were and was not divers...
To continue reading
Request your trial
-
RHJ Ltd v FT Patten (Holdings) Ltd
...as it does in the case of other easements such as rights of way. 3 A consequence of this, as held by the Court of Exchequer Chamber in Frewen v. Philipps (1861) 11 CBNS 449, and confirmed by the House of Lords in Morgan v. Fear [1907] AC 425, is that a tenant can acquire a right to light ov......
-
Timmons v Hewitt
...C. B., DOWSE, B., and ANDREWS, J. (1887—I. No. 293.) TIMMONS and HEWITT Fahey v. DwyerUNK 4 L. R. Ir. 471. Frewen v. PhillipsENR 11 C. B. (N. S.) 449. Daniell v. Anderson 31 L. J. Ch. (N. S.) 610. Beggan v. M'DonaldUNK 2 L. R. Ir. 560. Bright v. WalkerENR 1 C. M. & R. 211. Beggan v. M'Donal......
-
Fahey v Dwyer
...M'Donald 2 L. R. I. 560. Clancy v. ByrneUNKIR I. R. 11 C. L. 355. Daniel v. Anderson 31 L. J. Ch. (N. S.) 610. Frewen v. PhillipsENR 11 C. B. (N. S.) 449. Bright v. WalkerENR 1 C. M. & R. 211. Easement — Right of way — Prescription — User for forty years — Lease Tenants holding under same l......