Brooks v. Reynolds
Massachusetts Supreme Judicial Court
Tort for an alleged obstruction of an easement of light and air appurtenant to the plaintiff’s land in Boston. At the trial in the superior court, before Lord, J., without a jury, the following facts appeared: By deed dated July 27,1816, the New Cornhill Corporation conveyed to Benjamin Hurd a parcel of land, with a building thereon, bounded easterly on Cornhill Street; southerly on land of Larkin, thirty feet; westerly on a line at right angles with the boundary last…
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Tort for an alleged obstruction of an easement of light and air appurtenant to the plaintiff’s land in Boston. At the trial in the superior court, before Lord, J., without a jury, the following facts appeared: By deed dated July 27,1816, the New Cornhill Corporation conveyed to Benjamin Hurd a parcel of land, with a building thereon, bounded easterly on Cornhill Street; southerly on land of Larkin, thirty feet; westerly on a line at right angles with the boundary last mentioned, “ partly on a passageway of five feet wide in the clear for light and air hereafter mentioned, and partly on land…
1Opinion of the Court
Gray, 3.
It is now well settled that by the common law of Massachusetts a deed of land passes no right of light and air over other lands, without express words. Rogers v. Sawin, 10 Gray *33376. Carrig v. Dee, 14 Gray, 583. Richardson v. Pond, 15 Gray, 387. The extent of the plaintiff’s rights therefore depends upon the terms of the deed from the New Cornhill Corporation to Hurd, under which the plaintiff claims title ; and we are all of opinion that by that deed was granted the right to the open and unobstructed passage of light and air from the ground upwards and throughout the length of the…
2Cited by18 opinions
- Keating v. SpringerIllinois Supreme Court · 1893
- Grafton v. . MoirNew York Court of Appeals · 1892
- Lipsky v. HellerMassachusetts Supreme Judicial Court · 1908
- Norcross v. JamesMassachusetts Supreme Judicial Court · 1885
- Ladd v. City of BostonMassachusetts Supreme Judicial Court · 1890
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