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Florida District Court of Appeal - 114 So. 2d 357
Tags: Property
tl;dr:
A landowner can use his property in a manner that blocks his neighbor's access to freely flowing air and sunlight, because the free flow of air and sunlight is not a legal right.Video Summary
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This case involves an appeal against a temporary injunction that prohibits the construction of a fourteen-story addition to the Fontainebleau Hotel due to potential interference with light and air on the beach in front of the Eden Roc Hotel. The lower court erred in not considering the building ordinance requiring a 100-foot setback from the ocean. The maxim "sic utere tuo ut alienum non laedas" does not prohibit a property owner from using their property in a way that may cause harm to their neighbor, as long as it does not infringe on the lawful rights of others. In American law, a landowner does not have a legal right to the free flow of light and air across their neighbor's property, unless there is an easement or uninterrupted use and enjoyment for a period of 20 years. The English doctrine of "ancient lights" has been rejected in the United States. If a structure serves a useful and beneficial purpose, it does not give rise to a cause of action for damages or an injunction under the maxim sic utere tuo ut alienum non laedas, even if it causes injury to another by cutting off light and air and interfering with the view that would otherwise be available over adjoining land in its natural state.
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