Page:William Blackstone, Commentaries on the Laws of England (1st ed, 1768, vol III).djvu/229

Ch. 13. windows, is a nuance of a imilar nature. But in this latter cae it is neceary that the windows be antient, that is, have ubited there time out of mind; otherwie there is no injury done. For he hath as much right to build a new edifice upon his ground, as I have upon mine: ince every man may do what he pleaes upon the upright or perpendicular of his own oil; and it was my folly to build o near another’s ground. Alo, if a peron keeps his hogs, or other noiome animals, o near the houe of another, that the tench of them incommodes him and makes the air unwholome, this is an injurious nuance, as it tends to deprive him of the ue and benefit of his houe. A like injury is, if one’s neighbour ets up and exercies any offenive trade; as a tanner’s, a tallowchandler’s, or the like: for though thee are lawful and neceary trades, yet they hould be exercied in remote places; for the rule is, “ic utere tuo, ut alienum non laedas:” this therefore is an actionable nuance. So that the nuances which affect a man’s dwelling may be reduced to thee three: 1. Overhanging it, which is alo a pecies of trepas, for cujus et olum ejus et uque ad coelum: 2. Stopping antient lights: and, 3. Corrupting the air with noiome mells: for light and air are two indipenable requiites to every dwelling. But depriving one of a mere matter of pleaure, as of a fine propect, by building a wall, or the like; this, as it abridges nothing really convenient or neceary, is no injury to the ufferer, and is therefore not an actionable nuance.

to nuances to one’s lands: if one erects a melting houe for lead o near the land of another, that the vapor and moke kills his corn and gras, and damages his cattle therein, this is held to be a nuance. And by conequence it follows, that if one does any other act, in itelf lawful, which yet being done in that place necearily tends to the damage of another’s property, it is a nuance: for it is incumbent on him to find ome other Rh