There had been a conveyance of land with a house on it whose window looked onto other land of the vendor.
Held: There was an implied ancillary right that the window would not be obscured by act of the vendor. There is applicable to devises of a testator’s property to different grantees the same salutary principle that governs the implication and acquisition of easements on the contemporaneous grants to different grantees of properties previously in the ownership of the grantor.
Judges:
Chitty J
Citations:
[1892] 1 Ch 47, [1891] UKLawRpCh 158
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Palmer v Fletcher KBD 1793
‘. . the lights are a necessary and essential part of the house’ . .
Cited by:
Cited – Thompson v Bee and Another CA 20-Nov-2009
The parties disputed the extent and nature of the use allowed for an unregistered but express right of way. The track had been obtained by use for agriculture. The dominant owner appealed against a finding that it was limited to agricultural use, . .
Lists of cited by and citing cases may be incomplete.
Land, Wills and Probate
Updated: 04 October 2022; Ref: scu.381285
