Wong v Beaumont Property Trust [1965] 1 QB 173

Court of Appeal

Basic Facts : C is the tenant of a Chinese restaurant located in an underground space with inadequate ventilation. To address this, an air duct needs to be installed on the back wall of the building, which is owned by the landlords, D. A health inspector has determined that the air duct is necessary for proper ventilation.

Issue for the Court : What is the definition of necessity?

Held : The court held that an easement of ventilation was necessary for the reasonable enjoyment of a property used as a restaurant.

Lord Denning MR

• Necessity implies easements essential for the use intended by the grant.

• T’s need for ventilation to run the restaurant justifies an easement of necessity.