The other day at work I was doing some research at a different end of the West Virginia Code that normal and came across a provision that made absolutely no sense to me. It’s WV Code §2-1-2, titled “Ancient Lights” for those playing at home:
The common law of England in regard to ancient lights is not in force in this state.
The background for this is that the prior section (WV Code §2-1-1) adopts English common law “except as altered by the general assembly of Virginia” before June 20, 1863. In other words, we adopted Virginia’s law as is when we left the commonwealth during the Civil War. But apparently it was important to exclude from that this law on “ancient lights.” So what are we missing here in the Mountain State?
Turns out it’s a right to light! In some places, at least. Specifically, it’s a kind of easement, which is a property interest that someone has in someone else’s property – think of someone who has the legal right to use a path across their next door neighbor’s property. In England, if a person has a building with windows that for 20 years have received daylight they can prevent someone else from building in a way as to obstruct the light.
Thus, you have things like this on some old English buildings:
As it happens, West Virginia isn’t alone in not adopting this doctrine, so very few Americans actually have an enforceable right to light. Which is a shame, since, as the song says, we all need some light.