Hayden v. Dutcher

The Vice-Chancellor.

The decision of this case involves the solution of a single problem: Is the doctrine of the common law of England, in respect to the acquisition of an easement in light and air by adverse user, in force in this state ?

The complainant seeks to have the defendant enjoined from erecting a wall on his own land, which will effectually close up and render useless eighteen windows in the complainant’s building, overlooking the defendant’s garden. The lands are situate in the city of Newark. Though the answer denies the fact, it will be assumed, for present purposes, that the…