Wong v Beaumont Property Trust Ltd

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.

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]

• English land law
• English trusts law
• English property law