Wong v Beaumont Property Trust Ltd

Wong v Beaumont Property Trust Ltd
Court	Court of Appeal
Citation(s)	[1965] 1 QB 173
Keywords
Easements

Wong v Beaumont Property Trust Ltd [1965] 1 QB 173 is an English land law case, concerning easements.

Facts

Mr Wong leased a basement for his Chinese restaurant, Chopstick, 83 and 84 Queen Street, Exeter. The lease said he should control all smells, comply with health regulations and not cause nuisance to the landlord or other occupiers. The vent was inadequate, a larger flue needed. The landlord objected.

Judgment

Lord Denning MR held that an easement could be implied so Mr Wong could comply with his obligations under the lease. He cited Pwllbach Colliery Co Ltd v Woodman on common intentions and said, ‘That is the principle which underlies all easements of necessity.’^[1]

Cases on easements
Aldred's Case (1610) 9 Co Rep 57
Hill v Tupper (1863) 2 H & C 121
Re Ellenborough Park [1956] Ch 131
London and Blenheim Ltd v Ladbroke Ltd [1993] 4 All ER 157
Phipps v Pears [1965] 1 QB 76
Moncrieff v Jamieson [2007] UKHL 42.
Das v Linden Mews Ltd [2002] EWCA Civ 590
Law of Property Act 1925 ss 1(2) 62 and 65(1)
Wheeldon v Burrows (1879) 12 Ch D 31
Wong v Beaumont Property Trust [1965] 1 BE 173
Pwllbach Colliery v Woodman [1915] AC 624
Kent v Kavanagh [2006] EWCA Civ 162
Green v Lord Somerleyton [2003] EWCA Civ 198
Hair v Gillman (2000) 80 P&CR 108
Prescription Act 1832 ss 2-3
Land Charges Act 1972 s 2(5)(d)(iii)
Land Registration Act 2002 s 27(2)(a) and Sch 3, para 3
Crow v Wood [1971] 1 QB 77
Crabb v Arun District Council [1975] EWCA Civ 7
R (Barkas) v North Yorkshire CC [2014] UKSC 31
see English land law and easements

Notes

↑ [1965] 1 QB 173, 180

References

External links

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