Wong v Beaumont Property Trust Ltd [1965] 1 QB 173

Key point

  • An easement necessary for the use of land can be impliedly granted
  • The implied grant is based on the common intention of the transferor and transferee of the land

Facts

  • C is the tenant of a Chinese restaurant situated underground and is so badly ventilated that it needs an air duct fixed on the back wall of the building that belongs to the landlords D
  • The health inspector deemed the use of the air duct necessary

Held (Court of Appeal)

  • There is an easement that allows C to place an air duct on the back of the wall

Lord Denning MR

  • If C has a right at all it must an easement since C is not the original lessee nor are the Ds the original lessor
  • The law will readily imply the grant or reservation of easements to give effect to the common intention of the parties with reference to the manner or purposes for which the land is granted
  • If C is to have any benefit by the grant at all he must of necessity be able to put a ventilation duct on the wall