Cases - Broomfield v Williams

Record details

Name

Broomfield v Williams

Date

[1897]

Citation

1 Ch 602

Legislation

• Conveyancing Act 1881
• Law of Property Act 1925

Keywords

Rights of light - Conveyancing Act 1881 - Law of Property Act 1925

Summary

The defendant owned 2 adjoining plots. He sold one plot to the plaintiff, on which there was a house with windows overlooking the other plot, which he retained. No express right of light was granted in the conveyance. The conveyance described the retained land as 'building land', but contained no express reservation to the defendant of any right to build on that land. The defendant then built a house on the retained land and the plaintiff brought proceedings against him claiming that the new house interfered with the access of light to the plaintiff's windows. The plaintiff relied on section 6 of the Conveyancing Act 1881 (the predecessor to section 62 of LPA 1925) and the principle of non-derogation from grant. The defendant argued that because the retained land was described as 'building land' in the conveyance, there was no limit on his right to build on the land and that this showed a contrary intention in accordance with section 6(4) of the Conveyancing Act 1881.

The Court of Appeal held that the reference in the conveyance to the defendant's retained land as 'building land' was not enough to show that the parties had not intended the right to light to pass under the Act because it was quite possible to build on the adjoining land without obstructing the windows of the plaintiff's house. The Court of Appeal also relied on the principle that a grantor could not derogate from his own grant, stating that the defendant could not build on his own land in such a way as to block out the plaintiff's light altogether, as this would frustrate the very object of the grant.