II. Proviso restricting the Grant to Windows existing at the Time of the Grant. PROVIDED ALWAYS, and it is hereby agreed and declared, that such uninterrupted access of light and air to the said side of the said messuage over the said lands of the said A. B., shall be had and enjoyed only through or by means of such windows as are now existing in the said side of the said messuage, and which are delineated in the second plan hereto annexed, or (in case the said messuage be rebuilt or another messuage be erected in its place) through or by means of windows containing an area of not more than square feet (c), and placed as nearly as possible in the position of the now existing windows; AND THAT if any other or additional window or windows be made or opened, or any existing window or windows be altered or enlarged in the said side of the said messuage, without the consent in writing of the said A. B., his heirs or assigns, owners of the said lands over which the said right or easement has been hereinbefore granted, then and in that case all right to the uninterrupted access of light and air to the said side of the said mes suage over the said lands, either under this present indenture or under any privilege or statutory right acquired by lapse of time, shall immediately cease and determine; AND THAT NO lapse of time shall operate so as to confer any privilege or statutory right to the uninterrupted access of light and air to the said side of the said messuage over the said lands, through or by means of any other or additional window or windows, or through or by means of any existing window or windows that may be altered or enlarged in the said side of the said messuage. (c) The area of the existing windows. III. Agreement that the access of Light is enjoyed only by Consent, and shall not confer any Right to Window Lights. ARTICLES OF AGREEMENT, made and entered into the of of day BETWEEN A. B. of of the one part, and C. D. of the other part: IT IS HEREBY agreed, and the said A. B. doth hereby acknowledge, that the access of light and air to the side of the messuage situate on the Street, in the city of known as No. in over side of Street aforesaid, and now in the occupation of land the property of the said C. D., is had and enjoyed solely by the consent and sufferance of the said C. D.; And that, when the access and use of light to and for the said messuage over the said land shall have been actually enjoyed therewith for the full period of twenty years without interruption, the right thereto shall not be deemed absolute and indefeasible; AND THAT no continuance of such access of light and air to the said side of the said messuage over the said land shall operate so as to confer any privilege or statutory right thereto. IN WITNESS, &c. IV. Licence from the Owner of the dominant to the Owner of the servient Tenement to erect a House, notwithstanding it may infringe his Right to Window Lights. to KNOW ALL MEN BY THESE PRESENTS, that I, A. B. of do hereby give full licence and liberty unto C. D. of erect and build upon the site of his messuage, situate on the side of Street, in the city of known as No. Street aforesaid, and now in the occupation of a house of the height and dimensions specified and delineated in the plan drawn in the margin of these presents, notwithstanding that such house may interfere with the light and air, to the uninterrupted transmission of which to the messuage on the side of Street aforesaid, known as No. aforesaid, and now in the occupation of Street over the site of the said intended house, I, the said A. B., am entitled. IN WITNESS, &c. (d). (d) This licence is intended for the common case of the erection of a new and enlarged house on the site of a former house. It will of course be easy to adapt it to slightly different cases, e. g., the enlargement of an existing house, or the erection of a house where none previously stood This licence operates as evidence of the intention of the owner of the dominant tenement to abandon his right to window lights to the extent to which it will be interfered with by the building for the erection of which licence is given, and need not be by deed (vide page 108). If, however, it be intended to confer a right to window lights on the new building, such a licence will not be sufficient, and there must be a grant under seal. In that case the leave given, to erect the building notwithstanding its interfering with the previous right to window lights enjoyed by the grantor's tenement, will be best introduced in a recital. M INDEX. ABATEMENT, remedy by, 173, et seq. Vide "Window Lights, Right to, Injury to, Remedy by Abate- ABANDONMENT, loss of the right to window lights by, 101. is a question of intention, 102. a parol licence may be incontrovertible evidence of, 108, 136. ACQUIESCENCE, the effect of, 43. tacit, will not bind in the case of window lights, 45. in the infringement of a plan for the common benefit, 159. in breaches of covenant, 167. and delay, a stronger case of, must be made at the hearing than on ACTION AT LAW, remedy by, 179, et seq. Vide "Right to Window Lights, Injury to, Remedy by Action at |