LIGHT. See PRESCRIPTION; PRESCRIPTION ACT. abandonment of right to, 102. abatement of disturbance of, 103. "access," meaning of, in sect. 3 of Prescription Act, 11. acquisition of right to, 10-13, 99. actions for disturbance, against whom may be brought, 103. when can be brought, 104. who may bring, 103. adjoining house, implied grant of light on sale of, 100. agreement under sect. 3 of Prescription Act, 12. alteration of ancient lights, 102. evidence of position should be preserved, 102. building, identity of substituted, 11. must, under Prescription Act, be claimed for a, 11. pulled down, in respect of, 11, 102. what is, within Act, 11. building scheme, effect of, on lessees and mortgagees, 100. compensation under Lands Clauses Act, 104. consent under sect. 3 of Prescription Act, 10, 12. contracts in relation to light, 99, 101. Crown, against, acquisition of, 11, 12. damages for obstruction, 106. delay, effect of, 106. devise of land and adjoining house, 101. enjoyment, need not be as of right, 12. executor may bring action for obstruction, 103, 214. liable to action for obstructing, 104. extent of right to, 101. forty-five degrees, rule of, 104. future use, possible, taken into consideration, 101, 104. implied, 100, 559. lessee, acquisition by. See LANDLORD AND TENANT. London, custom of, 12, 13. nature of right to, 101. obstructions, abatement of, 103. acquiescence in, effect of, 106. damages for, 106. injunction against, 105. lateral, 104. occupied, building need not be, 11, 103. open ground, to, cannot be acquired by prescription, 11. Prescription Act, under, 10-13. cannot be acquired for a term of years, 12. privacy, 106. railway company, grant by, on sale of surplus land, 100. liable for obstruction, 104. remedies for disturbance, 103. LIGHT-continued. rent, effect of payment of, 12. reservation, no implied, on sale of adjoining land by owner of house, 100. sale of land and adjoining house, right to light on, 101. screen, right of servient owner to erect, 12, 99. shutters, for windows covered by, 11, 12. skylights, 101. special purpose, for, 101. surveyor appointed to report, 105. tenant, acquisition by one, against another of same landlord, 12. effect of enjoyment by or against, 12, 19. tenant for life or years, acquiescence by, 12, 19. from year to year, action by, 103. timber yard, for, 11, 99. windows, existence of, not constructive notice of right to, 101. LIMITATION OF ACTIONS, in the recovery of land or rent, absence beyond seas of claimant, 152, 187. acknowledgment of title, 149–151. mortgagee in possession, 169, 171, 172. See ACKNOWLEDGMENTS UNDER THE STATUTES OF LIMITATION. acquiescence, effect of, 167, 168. actual possession, what is, 130, 131. administrator, time runs against, from death, 136. adverse possession, 125-129. See ADVERSE POSSESSION. advowsons, 175–178. See ADVOWSON. agent, receipt of rents by, 128. alienation by rightful owner, right accruing on, 129, 133. by trustee for value, 160, 163. annuity charged on land, 110, 113, 118, 123, 184. appointee, meaning in act of word, 110, 118, Attorney-General not a "person" within R. P. Lim. Act, 1833.. 119. benefices, 176. beyond the seas, absence, 152, 187. brother, possession of younger, 149. cestui que trust in possession, relation of, to trustee, 127, 133, 141. time does not run against trustee, 163. charities within the statute, 160, 164. express trusts for, 164. church property, 175. colonies, limitation of action in, 183, 184. composition, meaning of, in Act, 110, 118. concurrent rights, 156, 157. condition, right arising on breach of, 130, 134, 135. construction of Statutes of Limitation, 111. continual claim, 147. coparcener, possession of one, not to be possession of others, 147, 148. disability of one, effect of, 153. copyholds, seizure quousque, 124, 132. entry for forfeiture, 134. Cornwall, limitation of rights of Duke of, 121. corporations within R. P. Lim. Act, 1833..111, 112, 119. covenant, right arising on breach of, 130, 134. covenant for payment of rent, limitation in case of, 201, 212, 216. discontinuance not to bar right of entry, 182. discontinuance of possession of land, right accruing on, 129, 130. dispossession, right accruing on, 129, 130. disseisin, 125. dower, abolition of writ of right of, 182. remedies for recovering, 182, 365. ecclesiastical corporations, property of, 175. eleemosynary corporations, property of, 175. encroachments by tenant for benefit of landlord, 128. old limitation of rights of, 125, 147. when right of, accrues under present law, 129 et seq. escheat, 111, 119. effect of proceeding in, in preventing operation how far bound by Statutes of Limitation, 159, 160. pendency of actions, 258, 259. when equity will prevent statute being used as a estates tail, operation of statute in cases of, 157–159, 187. express trusts, operation of statute in cases of, 160-164, 248, 254. extinction of title by R. P. Lim. Act, 1833..179. extinguished title cannot be revived, 179. granted, though personal remedy barred, 186. forfeiture, right accruing on, 130, 134. fraud, limitation in case of concealed, 164-167. future interests, when right accrues, 130, 133, 156, 157, 184. heriots, limitation in case of, 110, 114, 179. husband and wife, limitation as to lands of wife, 128, 134, 155. disability of, 152, 186. interest, effect of payment of, on mortgagee's rights, 172, 174. issue in tail, meaning of, 110, 118. when barred, 124, 157–159, 187. joint tenants, possession of one, not possession of others, 147, laches, effect of, 160, 167, 168, 205, 252. land, limitation of actions to recover, 122, 184. meaning of, in statute, 110, 111-113. landlord and tenant, encroachments by tenant, 128. lapse of presentation, effect of, 177. lease, renewal of, right accruing on, 133, 185. right accruing on breach of condition in, 130, 134. wrongful receipt of rent under, 144, 145. leasehold interest, effect of possession, 179. lunacy, a disability within statute, 152. married woman, disability of, 152. limitation in case of abandonment of land of, 155. LIMITATION OF ACTIONS—continued. in the recovery of land or rent-continued. married woman, limitation of action to recover, 128, 134, 152. mines, possession of, 132. mortgagee's rights, limitation of, 124, 140, 172–175. relation between mortgagee and mortgagor in posses- disability of, does not enlarge time, 152, 172, 189. old Limitation Acts, 117, 124. partition, action for, 160. period of limitation, as to advowsons, 176. extreme period, 178. as to land or rent fixed at twelve years, 122, 184. "person," meaning of, in statute, 111, 119. through whom another claims, meaning, 110, 118. possession, actual, what is, 130, 131. entry not to be deemed, 147. nature of interest of person in possession, 180. See POSSESSION. possessory title, 128, 179, 180, 440. presentation, limitation of right to recover, 176. profits of land, meaning of, 132, 181. purchaser compelled to accept title depending on statute, 180. real actions, abolition of, 181. old limitation of, 124. receipt of profits, meaning of, 132, 181. rent, wrongful, effect of, under Real Property Limitation receiver, effect of appointment of, 259. redemption suit, limitation of, 169, 188. re-entry, right arising under clause for, 134. registered land, adverse possession of, 189. remainderman, when barred, 130, 133, 156, 157, 184-186. remedy only barred by previous statutes, 179. right as well as remedy barred by Real Property Limitation Act, 1833..179. renewal of lease, right accruing on, 133, 185. rent, discontinuance of receipt of, 132. distress for, within statute, 115, 116. meaning of, in statute, 110, 113–118, 124, 145, 184. deemed receipt of profits, 181. wrongful, effect of, 144, 145. time runs from last payment of, 129, 132. rent-charge extinguished by non-payment, 179. repeal of formal words, 160. reversionary interest, charge on, when time begins to run, 186. in case of tenancies at will, 137, 138. from year to year, 141, 142. under lease in writing when wrongful receipt of rent, 144, LIMITATION OF ACTIONS-continued. from year to year, 141, 142. under lease in writing reserving rent, 144, 145. under invalid devise, 128, 129. time when right accrues, in case of future interests, 130, 133, 156, 157, 184. from year to year, 141, 142. on alienation by rightful owner, 129, 133. by trustee for value, 160, 163. on death, 129, 133. on discontinuance of possession or receipt of rent, 129, 130. under leases in writing, where wrongful receipt of rent, 144, tithe, 110, 111. tithe rent-charge, 112. title, extinguished by statute, 179. depending on statute, forced on purchaser, 180. extinguished cannot be revived, 179. title deed, action to recover, 160. trespassers, possession by series of independent, 180. possession, cestui que trust in, 127, 133, 141, 163. trustee in, 127, 162. trustee, possession by, 127, 162. alienation for value by, 160, 163. who are express trustees within sect. 25..161, see 255. turnpike tolls not within act, 111. warranty not to bar right of entry, 182. waste, 254. wrongful possession, onus of proof of commencement of, 130. younger brother, possession of, 149. in the recovery of money charged on land, legacies, arrears of dower, rent, and interest, account of mesne rents and profits in equity, 205. acknowledgments, 191, 198-200, 205, 211. after statutory period has elapsed, 200. See ACKNOWLEDGMENTS UNDER THE STATUTES OF LIMITATION. acquiescence, 167, 168, 252. administration actions, claims brought in under judgment, 258. payment by, 191, 197, 198, 200, 205, 211, 212. See ACKNOWLEDGMENTS UNDER THE STATUTES OF LIMITATION. secured by express trust, 162, 195, 204, 213. arrears, recoverable, of, annuities, 118, 184, 201, 202, 213, 217. dower, 200. interest on charges, 200, 202, 204. judgments, 203. legacies, 200, 204. mortgages, 124, 200, 202, 203. unpaid purchase-money, 204. rent, 123, 200, 201, 216. tithe rent-charge and tithes, 201. disabilities have no effect, 205. part payment of instalment has no effect, 205. |