Apart from any special local custom or express contract, the owner of a servient tenement is not under any obligation to the owner of the dominant tenement to execute any repairs necessary to ensure the enjoyment of the easement by the dominant owner; apart from special local custom or express contract, the law will leave the dominant owner to look after himself.
Judges:
Oliver LJ
Citations:
[1982] 2 WLR 1030
Jurisdiction:
England and Wales
Cited by:
Cited – Westminster (Duke of) and others v Guild CA 30-Mar-1983
The landlord brought an action for non-payment of rent. The tenant sought to set off a failure by the landlord to repair the building of which his flat was part and which failure had caused him loss. The landlord said that it had no express duty to . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 07 May 2022; Ref: scu.259563