The owners of a public house claimed the right to affix a sign to the defendant’s house, having been so affixed for more than forty years. The houses had been in common ownership, but it was not clear whether the sign had first gone up whilst the properties remained in common ownership.
Held: No assumption could be made that it had been erected whilst in common ownership. The interest claimed was in the nature of a legal easement, and a grant was to be presumed. An injunction was granted to support the right.
Citations:
(1879) 12 Ch D 261, 48 LJ Ch 639, 41 LT 25
Jurisdiction:
England and Wales
Land
Updated: 29 April 2022; Ref: scu.190032