Re Webb’s Lease [1951]

Landlord occupied ground floor of building and leased upper
two floors to tenant.
Had been leasing for number of years and throughout
this time sides of building contained ad for landlord’s company and another for
a match company.
None of leases made any reservation of the right of
the landlord to use the outer walls for these purposes.
Court of Appeal held that without express reservation,
landlord had no right to claim the easement in question.
General rule is that grantor cannot claim an easement
over the part granted for the benefit of the part retained, unless expressly
reserved out of the grant.
However certain exceptions to the rule, including:
1.  Easements of
necessity
2.  Mutual
easements eg rights of support between two adjacent buildings.
3.  Where
possible to infer some common intention that there should be an easement from
the circumstances.
For (3) it is essential that the parties should intend
that the subject of the grant or the land retained by the grantor should be
used in some definite and particular manner.
In present case landlord has not discharged the burden
on him of proving exception.
Landlord must show at least that the facts are not reasonably
consistent with any other explanation.