With regard to the landlord’s covenant for quiet enjoyment, Parker J said: ‘to constitute a breach of such a covenant there must be some physical interference with the enjoyment of the demised premises, and that a mere interference with the comfort of persons using the demised premises by the creation of a personal annoyance such as might arise from noise, invasion of privacy, or otherwise is not enough.’
The obligation imported by the doctrine of ‘derogation from grant’ runs with the land just as do obligations which arise from a restrictive covenant: ‘They bind not only the grantor but also all who claim through him’
The principle of non-derogation was that the grantor comes under an obligation not to use his retained land in such a way as to render the leased land ‘unfit or materially less fit’ for the particular purpose for which the grant was made. So the landlord was entitled to erect an external staircase outside the demised property, even though it compromised the tenant’s privacy.
Parker J
[1911] 1 Ch 219
England and Wales
Cited by:
Cited – Miller v Jackson CA 6-Apr-1977
The activities of a long established cricket club had been found to be a legal nuisance, because of the number of cricket balls landing in the gardens of neighbouring houses. An injunction had been granted to local householders who complained of . .
Lists of cited by and citing cases may be incomplete.
Updated: 22 August 2021; Ref: scu.186081
