coals dug up consequently depreciated in value, is a grievance entitling the colliery-owner to damages; and

8628. Bookselling.—A plaintiff proved that he carried on business as a bookseller in a shop abutting upon an obstructed thoroughfare, and that his customers consisted almost entirely of persons who had been in the habit of using the thoroughfare, and that his business had materially declined in consequence of the obstruction, and it was held that he was entitled to damages, though there might be many individuals similarly damnified by the obstruction who took no action for remedy; and

OBSTRUCTION TO NAVIGATION.

8629. An Aggrieved Innkeeper.-An innkeeper's house abutted upon a river, and beams and spars were so placed that they floated backwards and forwards with the tide, and obstructed access to the house at certain periods, whereby the innkeeper's customers were prevented from coming to his house to take refreshments, and it was held that it was such a public obstruction as entitled the innkeeper to private consideration and damages,

WINDOWS.

8630. Principle.—The right to construct windows in buildings is conceded upon the principle that every person is entitled to all the light and air which will come to him; thus,

8631. Right to Construct Windows.—Every man is entitled to build on his own land, either at the extremity or any other part thereof, and to construct as many windows in his building as he pleases; but,

8632. Right to Obstruct Windows.-If a house be built by A upon the extreme edge of his land, immediately adjoining the land of B, and the house is constructed with windows overlooking the land of B, a house, building, or any kind of construction may be erected by B, in such a way as to block up the said windows of A, so as to deprive them of both light and air, providing the building of B is completed within twenty years after the house of A was built; for,

8633. Any Height.-Every man is entitled to build to any height upon the extreme edge of his land, even though in doing so he should block up all the windows of an adjoining house, unless such windows of the adjoining house have acquired a right of prescription (8656); so that,

ONLY SECURITY.

8634. As a general rule, the windows of a new house are not secure against an obstruction unless they open upon a public road, or upon land included in the same parcel as that upon which the house itself stands; and

8635. Right Sacrificed.-Though land may be reserved by the builder of a house upon which his windows are made to open, yet if he sell such reserve of land to another, the latter is at liberty to build so as to block up the original windows entirely, unless he be restrained by a covenant to the contrary or by a prescription (8656); but,

8636. Right Implied.—If a man build a house, reserving land upon which the windows of the house open, and he sell the house only, retaining the reserve of land to himself, he cannot build upon his reserve so as to obstruct the said windows, though there be no covenant and no prescription; because,

8637. Derogation Illegal.-A man cannot legally derogate from his own grant; so that,

8638. Reserve of Lights.—If A possesses a house, having the actual use of certain lights, and also possesses the adjoining land, and sells the house to B, although the lights be new, neither A, nor anyone claiming under him, can legally build on the adjoining land, so as to obstruct or interrupt the enjoyment of such lights by B ; again,

8639. Void Prescription.—If a man holds a house in fee, and rents adjoining land for a period exceeding twenty years, he cannot create a prescriptive right of prospect over the land which he rents, so long as it remains in his occupation and under his own control; thus,

8640. Curious Case.-A and his father, whom he succeeded, had occupied a house, of which they were successively the freeholders, for more than sixty years, and had also, during the whole period of their occupation of the house, occupied the adjoining garden as tenants from year to year, under three successive landlords, of whom B was the last; and the light came to the windows of the house across the said garden. A eventually gave up his annual tenancy, and B immediately proceeded to raise the garden wall, and, in doing so, obstructed the said windows. A sought his remedy by action, and it was ruled that the enjoyment of the light across the garden during the unity of possession did not create a prescription as against B.

RIGHTS OF NEIGHBOURS.

8641. New Buildings.—If a new house is built, and the windows overlook a neighbour's premises, the neighbour has the right, any

time within twenty years, to construct, solely at his own option, any kind of obstruction.

8642. Whether the windows are really a practical grievance or only a sentimental one makes no difference.

8643. Whether the motive is morally justifiable or not makes no difference.

8644. Though the feeling is one of mere peevish vexation; or, 8645. Though the objection arises from mere caprice; or, 8646. From personal spite; or,

8647. From vindictiveness or retaliation; or,

8648. From unworthy envy or jealousy ;

8649. The neighbour has the unqualified right of obstructing or impairing the enjoyment of windows for twenty years after their construction:

8650. He is at complete liberty to build when and how he pleases close to the windows; or,

8651. He may erect any kind of structure for the sole purpose of excluding light from the windows; and

8652. When the object is to destroy the prospect, the neighbour may plant trees; or,

8653. Build a wall; or,

8654. Construct a screen of any kind; and

8655. Though the screen or object placed or erected may be purposely made as unsightly as possible, so as to be a nuisance and practical grievance to the occupier of the windows, he has no remedy.

PRESCRIPTION.

8656. Prescription entirely alters and reverses the law relating to windows; for,

8657. Implied Assent.-When a window has been constructed twenty years, and the light has been suffered to pass thereto without interruption during that period, the law implies, from the nonobstruction of the light for that length of time, that the holder of the adjoining land has assented, and hence a prescription is established; therefore,

8658. Restriction of Building.-After twenty years have elapsed from the building of a house, the holder of the adjoining land has no legal right to build so as to stop up or obstruct such windows, or to diminish the light thereof; and

8659. Restriction of Screens.-After a window has been constructed and used for twenty years, the owner of adjoining land has no right to erect a screen or any other object; and

8660. Restriction of Unsightliness.-Especially has no right to erect an unsightly object for the purpose of obstructing the light from such window; or,

8661. Prospect. For preventing any reasonable breadth of prospect which may have been enjoyed from the window for such period; though,

8662. Reasonable Distance.—A prescriptive right to a window does not extend to preventing the holder of the adjoining land from building at a reasonable distance off; nevertheless,

8663. Practical Purposes.—Such building must not destroy the light for practical purposes; for,

8664. New Buildings.—When a prescription has been established in favour of a window, the holder of adjoining property has no right to erect a new building; or,

8665. Increased Height.-To increase the height of an old one, 8666. Serious Diminution.—So as to diminish the light of the window to a serious extent.

8667. No Positive Rule.-As to the precise diminution of light caused by new building, as against prescriptive right to a window, which will sustain an action for restitution of light, there is of course no positive rule.

8668. Verdict of Fury.-That is a matter which is usually left for a jury to decide, if there is any difference of opinion about it.

LIMITATION OF PRESCRIPTION.

8669. Original Privilege.-Prescription, in reference to a certain advantage, as applied to windows and everything else, is strictly limited to the extent of the original privilege, which cannot be altered or increased without consent; thus,

8670. New Windows.-Under all circumstances, nothing can give a man a right to open a window, however small, in a wall where there never has been a window before; and,

8671. Number.-If A has acquired a prescriptive right to four windows, overlooking B's garden, A has no right to open a fifth window, especially if it be higher, or so constructed as to command a wider view; and

8672. Size.-Prescription as to windows only extends to the original size of the windows, and to the manner or their original construction; thus,

8673. Enlargement.-If an ancient window is enlarged, the enlarged portion, as against the prescription, constitutes a new window; and

8674. Variation.-If an ancient window is supplanted by a new window, varying in size;

8675. Elevation; or,

8676. Position;

8677. Such window may be obstructed to the extent of the enlargement or alteration of position;

8678. The exact size and position of the ancient aperture is alone privileged; but,

8679. Diminution.-If an ancient window has been enlarged, and then obstructed, and again reduced to its original size and position, the obstruction becomes unlawful, and must be removed.

ALTERATIONS.

8680. Style. The right of a neighbour to prevent or obstruct the enlargement of a window does not extend to preventing alteration in the style of the window; thus,

8681. Any privileged window may be reconstructed with lighter sashes; or,

8682. With larger panes; and so,

8683. Less woodwork and more light; for

8684. Instance. The owner of an ancient window, which had heavy mouldings and small diamond panes glazed in lead, removed the whole of the mouldings and lead, substituting one large pane of plate glass, and he was held to be entitled to make such alteration, as against the objection of his neighbour; and,

8685. Painted Glass.-It has been decided that if the glass of a window has been originally painted, and the paint becomes rubbed off, there is no obligation to restore the paint, and there is no right to obstruct the additional light or prospect obtained by the removal of the paint.

8686. Stained Glass. It would appear that if a window is glazed entirely with indelibly stained glass, there might be an obligation to maintain the character of it, but that is doubtful; on the other hand,

8687. Screened Lights.-If ancient windows have existed, with permanent blinds or screens attached thereto, constructed in such a way (say sloping upwards), as to admit light from the sky, but not so as to afford a prospect of the adjoining premises, the blinds or screens must not be removed, or, if they are, the occupier of the adjoining premises is entitled to erect an obstruction equal in efiect to such blinds or screens.