Courts will grant an injunction when there is an obstruction in an easement of air and/or light.  An injunction may be granted irrespective of whether there is any damage or injury resulting from the obstruction.  In, Bauer v. Schwartz,[i] the defendants made some improvements in their building which cut off the light, air and access for plaintiff to their property.  There was no damage to the property.  The court granted an injunction and held that, “if a person has easements of light, air, and access in a yard, he/she is entitled to an injunction restraining any interference therewith irrespective of whatever damage may result from such interference.”

However, an injunction is refused if there is no material interference with the easement or there is no substantial damages resulting from the interference or obstruction.  In, Bitello v. Lipson,[ii] defendant constructed a bay window on the side of claimant’s dwelling that projected out and over the right of  claimant’s way, about 11 feet from the ground. The court found that the tallest vehicle available could still pass under the window and hence there is no material interference.  The court also observed that there are no substantial damages and the court refused to grant an injunction.

In, Petersen v. Friedman,[iii] adjoining landowner filed an action against an easement holder for violating an easement by erecting an antenna. The court held that, interference with an easement is a ground for an injunction and granted a mandatory injunction requiring the removal of obstructions of light and air.

[i] Bauer v. Schwartz, 122 Misc. 630 (N.Y. Sup. Ct. 1924)

[ii] Bitello v. Lipson, 80 Conn. 497 (Conn. 1908)

[iii] 162 Cal. App. 2d 245 (Cal. App. 1st Dist. 1958)