A tenant sought a right to ventilation enjoyed by land let to a tenant. It was argued that there could be no implied easement over adjoining property of a lessor where the adjoining property was already let out. It would be an easement in reversion.
Held: The court avoided a decision on the point by resort to the doctrine of non-derogation from grant, which prevented the lessor and his successors from interfering with the lessee’s use of the dominant land after the lease of the servient land had fallen in.
Judges:
Neville J
Citations:
[1908] 1 Ch 259
Jurisdiction:
England and Wales
Cited by:
Cited – Kent and Another v Kavanagh and Another CA 2-Mar-2006
The parties owned properties part of a building estate. The properties had been held under leases, but those had been enfranchised. The question was as to how the easements granted by the leases were preserved on enfranchisement. A particular . .
Lists of cited by and citing cases may be incomplete.
Land, Landlord and Tenant
Updated: 01 May 2022; Ref: scu.239386