Re Webb’s Lease [1951] Ch 808

Written By Nicolas Heyes

Court of Appeal

Basic Facts: The Defendant leased a property to the Plaintiff and had been advertising their business by putting up posters on the walls of the house (the posters were in place before the Plaintiff moved in). The Plaintiff wanted the posters removed.

Issue for the Court: When can a right be reserved by a grantor?

Held: The court ruled that a lease must be interpreted in light of the entire agreement, focusing on the parties’ intentions.

(Evershed MR):

  • A right can only be reserved if explicitly stated, necessary for the enjoyment of the land, or if the reservation was clear from the conveyance. Knowledge of L’s actions by T does not suffice for an implied reservation.

Nicolas Heyes
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