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10. The court should
The plaintiff brought an appropriate action against the defendant to enjoin the construction in order to eliminate the shadow problem and for damages. The plaintiff presented uncontroverted evidence that her evaluation as to the impact of the shadow on the fair rental value of her building was correct. There is no statute or ordinance (other than the building and zoning ordinances) that is applicable to the issues before the court.
As the defendant's new building was in the course of construction, the plaintiff realized that the shadows it would create would place her (the plaintiff's) building in such deep shade that the rent she could charge for space in her building would be substantially reduced.
Last year the defendant decided to demolish the low-rise office building on her parcel and to erect a new high-rise office building of substantially greater height on the parcel as permitted by the zoning and building ordinances. She secured all the governmental approvals necessary to pursue her project.
A plaintiff and a defendant own adjacent parcels of land. On each of their parcels was a low-rise office building. The two office buildings were of the same height.
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An equitable servitude is a covenant that, regardless of whether it runs with the land at law, equity will enforce against the assignees of the burdened land who have notice of the covenant.
D is correct. While landowners possess a number of rights with regard to their property, as well as the areas above and below it, there are no rights to sunlight, fresh air, or view.
A is incorrect. This is the equitable remedy for a covenant or servitude that has been violated. These facts do not show that a covenant or servitude for solar rights has been created, so this answer is incorrect.
B is incorrect. There is no legal right for the plaintiff to recover damages under these facts.
C is incorrect. While judgment should go for the defendant, this answer is incorrect. The fact that the defendant had all necessary approvals would not preclude liability from attaching if there had been a covenant or servitude that protected the plaintiff's solar rights.