View(redirected from in view of)
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VIEW. A prospect.
2. Every one is entitled to a view from his premises, but he thereby acquires no right over the property of his neighbors. The erection of buildings which obstruct a man's view, therefore, is not unlawful, and such buildings cannot be considered a nuisance. 9 Co. R. 58 b. Vide Ancient Lights; Nuisance,
VIEW, DEMAND OF, practice. In most real and mixed actions, in order to
ascertain the identity of land claimed with that in the tenant's possession,
the tenant is allowed, after the demandant has counted, to demand a view of
the land in question; or if the subject of claim be rent, or the like, a
view of the land out of which it issues; Vin. Abr. View; Com. Dig. View;
Booth, 37; 2 Saund. 45 b; 1 Reeves' Hist 435, This, however, is confined to
real or mixed actions; for in personal actions the view does not lie. In the
action of dower unde nihil habet, it has been much questioned whether the
view be demandable or not; 2 Saund. 44, n, 4; and there are other real and
mixed actions in which it is not allowed. The view being granted, the course
of proceeding is to issue a writ, commanding the sheriff to cause the
defendant to have a view of the land, It being the interest of the demandant
to expedite the proceedings, the duty of suing out the writ lies upon him,
and not upon the tenant; and when, in obedience to its exigency, the sheriff
causes view to be made, the demandant is to show to the tenant, in all ways
possible, the thing in demand with its metes and bounds. On the return of
the writ into court, the demandant must count de novo; that is, declare
again Com. Dig. Pleader, 2 Y 3; Booth, 40; and the pleadings proceed to
2. This proceeding of demanding view, is, in the present rarity of real actions, unknown in practice.