Lynch v. Hill

The Chancellor :

The case is before this court on a general demurrer to the complainant’s bill, and from its allegations the important question to be determined is whether the grant of a right to enjoy light and air, through windows overlooking the lands of an adjoining owner, will be presumed in this State, after the expiration of twenty years’ unobstructed enjoyment and user.

Chancellor Bates, in an able opinion, answered that question in the affirmative in Clawson v. Primrose (4 Del. Ch. 643) decided in 1873. That case has not been expressly overruled, but it, apparently, did not settle the…