(New Zealand) Premises had been leased for use as a printing house, including printing plant and machinery, and the landlords occupied the upper floors for use as bedrooms for their hotel. The landlords then sought an injunction and damages in respect of the noise and vibration caused by the printing business.
Held: While the plaintiffs might have the intention of having reasonably quiet bedrooms, the defendant’s intention was that they should be able to print. The lessor had impliedly reserved the right to use the ground floor as a printing works, notwithstanding the noise generated by that use. A right to emit noise can amount to an easement.
Lord Loreburn said that: ‘If A lets a plot to B, he may not act so as to frustrate the purpose for which in the contemplation of both parties the land was hired. So also if B takes a plot from A, he may not act so as to frustrate the purpose for which in the contemplation of both parties the adjoining plot remaining in A’s hands was destined.’
Judges:
Lord Loreburn LC
Citations:
[1907] UKPC 47, [1907] AC 476, [1904-07] All ER 200
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Pwllbach Colliery Co v Woodman HL 1915
Whether an easement may be created by implication depends on the circumstances under which it is said to have been made. The law implies a grant of such easements as may be necessary to give effect to the common intention of the parties to a grant . .
Cited – Coventry and Others v Lawrence and Another SC 26-Feb-2014
C operated a motor racing circuit as tenant. The neighbour L objected that the noise emitted by the operations were a nuisance. C replied that the fact of his having planning consent meant that it was not a nuisance.
Held: The neighbour’s . .
Cited – Rees and Another v Windsor-Clive and Others CA 1-Jul-2020
Reservation Derogation construed normally
Construction of tenancy agreement – correct approach to reservations made in favour of the landlord. The landlord required access to the tenanted farm to allow survey work anticipating development of his adjoining land. The tenant now appealed . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 09 December 2022; Ref: scu.419856