Land law Assignment Example | Topics and Well Written Essays - 2500 words

Land law - Assignment Example This portrays the intention of the parties at the time of the grant and, therefore, what will amount to deviation from grant. The case of Petra Investments v Jeffrey Rogers illustrates these principles. 2 The landlord of a shopping centre was entitled to rebuild or change the centre in any manner, and to utilize or lease the centre for any use. This was so, even if the access of light or air was tampered with, or other rights given to the tenant were reduced or prejudiced. The High Court noted obiter dicta that probably, the landlord was obliged not to change the common parts of the centre to reduce its quality as a shopping centre. In part, this was because of pre-lease representations by the landlord to the tenant.3 In Saeed v Plustrade Ltd, 4 the tenants of the flat were entitled (in common with other tenants) to park on the forecourt. The lease reserved to the landlord a right to change the block of flats and to build on the adjacent land, even if the access of light or air was reduced. The landlord took the forecourt parking spaces out of commission for three years, even as neighboring land was being developed and projected to reduce the number of spaces from 12 or 13 to four. The landlord (Kevin) reserved rights by confirming that it was his duty to develop the road accessing the four houses. The contract expressly limited the use of the houses to the place of residence. The owners were at no circumstances allowed to use the houses for business purpose. These redevelopment clauses are common in leases. The provisions of the lease may mean that Cara may not be able to claim from Kelvin for interfering with the easement that was granted by the lease. However, the rights of Cara are reserved and they cannot permit the total destruction of the easement. This is illustrated in the case of Petra Investments v Jeffrey Rogers,5 where the landlord of a shopping centre was entitled to