No easement for light and air unless expressly created

In a reaffirmation of a longstanding rule, the North Dakota Supreme Court held that there is no easement for light and air unless it is expressly created between the landowners. It is not a nuisance to block a neighbor’s view by building on your own land. Owners do “not have a right to sunlight and open space on adjacent properties.” Berger v. Sellers, 996 N.W.329, 2023 ND 171 (N.D. 2023).