Wong V Beaumont Property Trust
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''Wong v Beaumont Property Trust Ltd''
965 Year 965 ( CMLXV) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Arab–Byzantine War: Emperor Nikephoros II conquers the fortress cities of Tar ...
1 QB 173 is an
English land law English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal ...
case, concerning
easements An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a property ...
.


Facts

Mr Wong leased a basement for his Chinese restaurant, Chopstick, 83 and 84 Queen Street,
Exeter Exeter () is a city in Devon, South West England. It is situated on the River Exe, approximately northeast of Plymouth and southwest of Bristol. In Roman Britain, Exeter was established as the base of Legio II Augusta under the personal comm ...
. 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 ''Pwllbach Colliery Co Ltd v Woodman'' 915AC 634 is an English land law case, concerning easements. Facts Pwllbach Colliery sublet land in Glamorganshire from a tinplate company, whose memorandum authorised mining to be carried on. A neighbourin ...
'' on common intentions and said, ‘That is the principle which underlies all easements of necessity.’
965 Year 965 ( CMLXV) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Arab–Byzantine War: Emperor Nikephoros II conquers the fortress cities of Tar ...
1 QB 173, 180


See also

*
English land law English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal ...
*
English trusts law English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the ...
*
English property law English property law refers to the law of acquisition, sharing and protection of valuable assets in England and Wales. While part of the United Kingdom, many elements of Scots property law are different. In England, property law encompasses four ...


Notes

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References

* English land case law 1965 in United Kingdom case law Court of Appeal (England and Wales) cases Lord Denning cases