A lease was granted with the use of a pump on land not demised. The lessee complained of the lack of repair of the pump.
Held: The lessee had a right to repair the pump, but the landlord did not have a duty to maintain it. Where land is granted to be used, everything necessary to support that use is carried. Twysdon J said: ‘where a man having a close surrounded with his own land grants that close to another in fee for life or years, the grantee shall have a way to the close over the grantor’s land as incident to the grant; for without it he cannot derive any benefit from the grant.’ ‘A way of necessity when the nature of it is considered, will be found to be nothing else but a way by grant. It derives its origin from a grant.’
(1669) 1 Wms Saund 321, (1669) 2 Keb 543, (1669) 1 Sid 429, (1669) 1 Vent 26, (1669) 85 ER 454
England and Wales
Cited – Titchmarsh v Royston Water Company Limited 1899
The land owner sought a grant of right of way of necessity. His land was blocked on three sides by land of the vendors and on the fourth side by a route which ran in a cutting, which would make connection with the granted land difficult.
Held: . .
Cited – Adealon International Proprietary Ltd v London Borough of Merton ChD 12-Apr-2006
The claimant had bought land originally bought from the defendant, but after a long series of events, the only available access was over the retained land. It sought a right of way of necessity.
Held: At the time of the grant, other access was . .
See Also – Pomfret v Ricroft (No 1) 1685
See Also – Pomfret v Ricroft (No 2) 1685
See Also – Pomfret v Ricroft 1714
See Also – Pomfret v Roycroft 1726
See Also – Pomfret v Ricroft 1726
Lists of cited by and citing cases may be incomplete.
Updated: 14 May 2022; Ref: scu.253272