References: [1892] 1 Ch 47
Coram: Chitty J
Ratio: 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.
This case cites:
- Cited – Palmer v Fletcher KBD (Commonlii, [1793] EngR 798, (1793) 1 Lev 122, (1793) 83 ER 329 (A))
‘. . the lights are a necessary and essential part of the house’ . .
(This list may be incomplete)
This case is cited by:
- Cited – Thompson v Bee and Another CA (Times, Bailii, [2009] EWCA Civ 1212)
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, . .
(This list may be incomplete)
Last Update: 30 March 2017
Ref: 381285
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