Hanina v Morland: CA 7 Dec 2000

The respondent was tenant of premises with exclusive access to an area of the roof which had been used by her for leisure purposes. The freeholder objected, and she claimed that the use was in the nature of an easement which had passed to her under the section when she took a transfer of the lease. The right she claimed was an exclusive and unrestricted one. The section could not include such a right in the grant of the lease. However since she had the only access, nominal damages were substituted.


Gazette 07-Dec-2000


Law of Property Act 1925 62


England and Wales

Land, Landlord and Tenant

Updated: 10 May 2022; Ref: scu.81217