Hatfield v Moss
Language: English Series: Estates Gazette ; (8840) 8 October 1988, 112-116(3)Publication details: 1988Subject(s): Summary: CA 25 April 1988. Appeal by landlord (H) from cc decision in favour of tenant (M) in a dispute over the physical extent of the demised property. M occupied the top-floor flat in a converted house adjacent to a large roof-space which M had converted into a playroom and storage area. H contended that the roof-space was never included in the demise of the flat and remained his property. At issue was whether the lease of the flat to M`s predecessor in title in 1963 did or did not include the roof-space. A plan of the flat showed the roof-space as outside the demise, but the parcels clause clearly demised the main roof and the lease did not reserve to H any rights of access to the roof. When the lease was granted in 1963 the only access was via the flat now occupied by M, although at a later date a ceiling trap had been cut in connection with the installation of water tanks, giving access from the flat below. H argued that the parcels were not explicit and so the plan should be referred t| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS39862 (Browse shelf(Opens below)) | 1 | Available | 19538-1001 |
CA 25 April 1988. Appeal by landlord (H) from cc decision in favour of tenant (M) in a dispute over the physical extent of the demised property. M occupied the top-floor flat in a converted house adjacent to a large roof-space which M had converted into a playroom and storage area. H contended that the roof-space was never included in the demise of the flat and remained his property. At issue was whether the lease of the flat to M`s predecessor in title in 1963 did or did not include the roof-space. A plan of the flat showed the roof-space as outside the demise, but the parcels clause clearly demised the main roof and the lease did not reserve to H any rights of access to the roof. When the lease was granted in 1963 the only access was via the flat now occupied by M, although at a later date a ceiling trap had been cut in connection with the installation of water tanks, giving access from the flat below. H argued that the parcels were not explicit and so the plan should be referred t