Barger v. . Barringer
Supreme Court of North Carolina
Appeal from Justice, J., May Term, 1909, oÍíCatawba, beard on appeal from a justice of tbe peace to tbe Superior Court. Tbe action was brought to recover damages for tbe malicious, useless and unlawful erection of a bigb board fence, commonly, called a “spite fence,” on defefidant’s lot, immeditely adjoining plaintiff, for the sole purpose of cutting off light and. air from plaintiff’s windows.
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Appeal from Justice, J., May Term, 1909, oÍíCatawba, beard on appeal from a justice of tbe peace to tbe Superior Court. Tbe action was brought to recover damages for tbe malicious, useless and unlawful erection of a bigb board fence, commonly, called a “spite fence,” on defefidant’s lot, immeditely adjoining plaintiff, for the sole purpose of cutting off light and. air from plaintiff’s windows. At tbe close of tbe evidence, bis Honor, being of opinion that plaintiff could not recover, granted defendant’s motion to nonsuit, and plaintiff appealed. Tbe facts are stated in tbe opinion of tbe…
1DissentHoke, J.
It is accepted doctrine with, ns that tbe easement of light and 'air as appurtenant to tbe ownership of a given piece of property does not arise except by grant or contract, expressed or fairly implied from tbe circumstances of tbe transaction. Such an easement does not exist as an ordinary incident of ownership, nor can it be acquired by prescription or adverse user.
Tbe last decision upholding this position was that of Lindsay v. Bank, 115 N. C., 553. In that case tbe defendant, tbe owner of an adjoining piece of property, bad erected a building which entirely shut off the light from a…
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