American Law And Procedure volume 5

Cover American Law And Procedure volume 5
American Law And Procedure volume 5
Edward Mayes
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The thing is absurd. The same is true of the right of adjacent support from B 's land. Suppose the downward and side thrust result- ing from A's building is met by the pressure of B's solid vacant lot adjoining. How can it be that this is an adverse use of B's land? Can B sue A because of the existence of the thrust? Certainly not. Does B have to dig his land out so as to assert his right not to have this thrust against his land? Certainly not. The same is true of the claim to a right to have t...he free and un- obstructed flow of a current of air across B's land to A's windmill. A can obtain no right to such an unob- structed flow by long user, because such user cannot 222 TITLE OF REAL ESTATE be adverse. It is a purely historical accident that the English courts became committed to the rule that the right to light and air (but not to a free current of air to run a windmill) and to adjacent support, could be acquired by prescription. Sound policy as well as logical reasoning upon principle has saved the courts of this country from becoming committed in a general way to any similar position (26).

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