Cases - Dalton v Angus
Record details
- Name
- Dalton v Angus
- Date
- (1881)
- Citation
- UKHL 1
- Legislation
- Keywords
- Easements
- Summary
-
The plaintiffs proved enjoyment of support for their factory for a period of 27 years before the accident that gave rise to the action. They claimed a right of support under the doctrine of lost modern grant, but it was proved or they admitted at trial that no grant had ever in fact been made.
After an inordinate amount of judicial input (7 High Court judges were asked for their opinion on the point to assist the House of Lords), the effect of the House of Lords' decision was that the presumption of a lost modern grant was not rebuttable by evidence that no grant had ever been made, but could only be rebutted by evidence of incapacity on the part of the presumed grantor.