Normille v. Gill
Massachusetts Supreme Judicial Court
Bill in equity, filed October 13, 1892, praying that the defendant be restrained from using a wall put by him on the line dividing the estate of the plaintiffs from that of the defendant for any other purpose than that of resting timbers thereon, and that he be restrained from building windows therein. Hearing before Hammond, J., who entered a decree for the plaintiffs, and the defendant appealed to this court. The material facts appear in the opinion.
1Opinion of the CourtAllen, J.
The principal question is whether the owner of land in building a party wall partly upon his own land and partly upon that lying adjacent has a right, against the objection of the adjacent owner, to leave openings in the wall for windows, to be used for his own convenience until such time as his neighbor shall build upon the adjacent land. We are of opinion that he has no such right. The ownership of the land under a party wall remains in the several owners, subject to the easement of supporting the building upon each lot by means of the common wall. This easement is limited to what is…
2Cases cited13 opinions
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- Brooks v. . CurtisNew York Court of Appeals · 1873
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- Gibson v. HoldenIllinois Supreme Court · 1885
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3Cited by8 opinions
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- Margeson v. LaddSupreme Court of New Hampshire · 1967
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