A basement had been let to the plaintiff for use as a Chinese restaurant. The lease required the tenant to use the property as a restaurant, but also to control all smells. To do that it was necessary for the plaintiff to install a proper system for taking away the smells, which would have to go through the landlord’s property.
Held: The County Court had jurisdiction to hear such a claim on the basis assumed that the rateable value of each property was within the limits. An easement of necessity had been shown under the rule in Pwllbach.
Judges:
Lord Denning MR, Pearson LJ, Salmon LJ
Citations:
[1965] 1 QB 173, [1964] 2 WLR 1325, [1964] 2 All ER 119, (1964) 108 SJ 237, [1964] EWCA Civ 4
Links:
Statutes:
Food Hygiene (General) Regulations 1960 (SI 1960 601), County Court (Jurisdiction) Act 1963 1, County Courts Act 1959 51
Jurisdiction:
England and Wales
Citing:
Applied – Pwllbach Colliery Co v Woodman HL 1915
Whether an easement may be created by implication depends on the circumstances under which it is said to have been made. The law implies a grant of such easements as may be necessary to give effect to the common intention of the parties to a grant . .
Lists of cited by and citing cases may be incomplete.
Land, Litigation Practice
Updated: 31 October 2022; Ref: scu.223975