The Right to Light and Air in Medieval and Tudor English Cities

FAIN: FT-13913-78

Janet S. Loengard
Moravian University (Bethlehem, PA 18018-6614)

To examine the concept of ancient lights, a medieval common law doctrine which, modified by statute, is still law in England. The doctrine protects one's right to enjoy light and air which may have reached one's dwelling or business in the past, even though this might limit a neighbor's right to build on his own land. This right has been important in shaping English cities, and its history reflects varying English attitudes toward the urban environment. Origins of the doctrine during the late medieval period and Tudor theory and practice as courts tried to make custom and case fit new conditions will provide main focus of the study.