Depner v. United States National Bank

Respondents assert they have acquired an easement of light and air over the premises west of the hotel, but make no claim of an implied covenant for quiet enjoyment. They rest entirely on their claim to an express grant of an easement to the light and air over the premises on the west side of the hotel building.

Easements of light and air over adjacent premises are not favored. Miller v. Hoeschler, 126 Wis. 263, 105 N. W. 790. The accepted doctrine is that they are not created or acquired by prescription. It seems plain that such an easement cannot exist by “implication from necessity” in…