How right to light may be lost by bricking up the window for twenty years; or even by a closing thereof for a shorter time. But in the latter case there must have been an intention to abandon. Apart from such cases, the right may be abandoned by express agreement. The difficulty generally arises in cases of reconstructed buildings. If the new windows in the reconstructed building are absolutely coincident with ancient lights, there is no difficulty, for the right passes from the old to the new windows. Where there is a modern light in a reconstructed building coincident with an old light there, the to be protected is not lost by putting other lights in the new building which are not entitled to protection. Conse quently, a neighbour cannot, under the guise of these new lights having been added, claim to obstruct the windows in respect to which the right to an ancient light can be claimed. If there are no windows in the new building which are coincident with the old windows, there will be no light in the new building that can be considered as a continuation of any ancient light. When a window is reconstructed, which has within its area the
entire area of an ancient light entitled to protection, the addition of the area of the new window, including the area of the old, will not desti'oy the right which would have existed if it had been an addition of a window just by the side of the old one.
In practice it is usual, in cases where buildings are to be erected which in the ordinary way would obstruct ancient lights, to require, not that the construction be abandoned, but that it shall be so modified as to allow a line of ligVt at forty-five degrees to the ancient lights. A railway company will not be prevented from obstructing new windows overlooking their land. See EASEMENT.
By Scots law, light is a servitude requiring a grant. There is no such thing as ancient lights by prescription. If there is no grant, any one can build as he likes on his own land w ithout reference to, and even so as to obstruct, any windows overlooking it. In certain towns, however, the exercise of this right is subject to the supervision of the Dean of Guild.