case anonymous waste by a lessee for year a action lie by person inhabit a  groundfloor against the tenant of the garret to keep the roof in repair first  if a lessee for year build a house on the premise lease it be waste a but see  Kel and the case of Lord darcy v Askwith hob city of London v Greyme cro James  coal v ferth Mod S c lev pool case salk a and if he let it fall it be a new  waste b   more roll Rep roll Abr Owen b second if a man have a upperroom a  action lie against he by one who have a underroom to compel he to repair his  roof and so where a man have a groundroom they over he may have a action to  compel he to keep up and maintain his foundation c see the statute Westminster  the second c Inst more yearbook Edward pl tenant v Golding Mod c say qure for  if a man build a new house under the roof of a old house which be ready to  tumble whether he shall have a writ de reparation to make because debet et to  use or to become used be necessary word in the declaration vent and modern  report dent v Oliver d cro James d where a man may have a action to charge a  terretenant he must lie a debet et to use and show a title modern report er p  holt chief justice say that every man of common right ought so to support his  own house as that it may not be a annoyance to another man but Powell justice  put this case suppose a man make a vault and build a wall thereto and then his  neighbour make a cellar adjoin to the vault which be damage by a default in  the wall of the vault he think that the owner of the cellar may well have a  action which holt chief justice deny for by he before the party can entitle  himself to a action in that case he ought first to build a wall to his cellar  as well as the other to his vault otherwise he ought not to have any benefit  from the first wall e see Barlow v Norman black Rep e unless it be indeed  agree that he shall contribute to the repair of it c f tenant v Golding Mod f  suppose a man have a vacant piece of ground and build a house upon part of it  and then sell the rest the vendee can build so as to stop up any light in the  first house but must take the ground subject to the encumbrance of the former  light