Moody v Steggles (1879) 12 Ch.D 261

Key point

  • A right that benefits the business carried on the dominant land can be a valid easement

Facts

  • Cs, the owners of a pub, claimed the right to affix a sign on the wall of D’s house
  • The signboard had been so affixed for upwards of forty years
  • The two houses had formerly belonged to the same owner, the D’s house granted away first

Held (High Court)

  • Injunction granted to prevent D from removing the sign board

Fry J

  • The argument that the easement relates not to the tenement but the business of the occupant of the tenement fails
  • An easement is more or less connected with the mode in which the occupant of the house uses it
  • There is no need for a physical connection between the dominant tenement and the easement