Scottish Court of Session Decisions

Subject_1 SERVITUDE.
Subject_2 SECT. V.

Servitus Luminum. - Servitude whether implied in a common Tenement within Burgh.

Ogilvie
v.
Donaldson

Date: 5 February 1678
Case No. No. 36.

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Alleged a tolerance for light imports only servitus luminis, and not prospectus or projectionis. The Lords found a tolerance for a servitude of light, did not imply a liberty of having open windows to the close, and that the defender might build any thing he pleased, and to what height he pleased, before these windows, at an ell's distance, whereby the light would be free; and that he was not obliged for greater distance, even in the country where parties have large closes and fields to build on; and so rejected his declarator, that the defender had not liberty to dim his lights by peat stacks, &c. in the town of Elgin.

Fol. Dic. v.2. p.374. Fountainhall MS.