Happy family

Find a legal form in minutes

Browse US Legal Forms’ largest database of 85k state and industry-specific legal forms.

English Doctrine of Ancient Lights

“Ancient lights” is an English doctrine.  It states that if a landowner had received sunlight across adjoining property for a particular period of time, that landowner was entitled to continue to receive unobstructed access to sunlight across the adjoining property.  According to this doctrine, the landowner acquired a prescriptive easement and could not be prevented from access to light.  However, the doctrine of ancient lights has been repudiated in the U.S.  Law makers are of the opinion that this doctrine is inconsistent with the needs of a developing country.

While common law does not recognize a landowner’s right to acquire an easement of light by prescription, US courts have not been as receptive to protecting a landowner’s access to sunlight.

In Prah v. Maretti, 108 Wis. 2d 223 (Wis. 1982), plaintiff’s residence had a solar water heating system.  The lot adjacent to plaintiff’s lot was purchased by defendant for constructing a home.  Plaintiff advised defendant that if home were built at proposed location, defendant’s house would substantially and adversely affect plaintiff’s solar system and could cause plaintiff other damages.  Despite this, defendant started construction.  A complaint and application temporary injunction was filed by plaintiff.  The court found that plaintiff had stated a common law private nuisance claim upon which relief could be granted and remanded the case.


Inside English Doctrine of Ancient Lights