Cases - Bass v Gregory
Record details
- Name
- Bass v Gregory
- Date
- (1890)
- Citation
- 25 QBD 481
- Legislation
- Keywords
- Easements
- Summary
-
The plaintiffs owned a public house called the 'Jolly Anglers'. The cellar of the public house was ventilated by a shaft cut from the cellar through rock into a disused well that stood in a yard on the land of the defendant. The cellar had been ventilated in this way for at least 40 years and with the knowledge of the occupiers of the yard. The Court was referred to Bryant v Lefevre, but held that the principle did not apply in the case of a strictly defined channel.
Under the principle known as non-derogation from grant, where a piece of land is sold for a particular purpose requiring the access of air, the party selling the land will not be permitted to use his or her land in a manner that prevents the land sold from being used for the purpose for which it was sold.