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Review Your SQE 1 Practice Records

Examination Timing: 00H01M19S

Michael owns a large building in Meadowfield Town Centre and grants a lease of the basement to Chloe. The lease includes the following covenants: (1) Chloe and her successors will use the premises as a restaurant; (2) Chloe and her successors will comply with public health regulations; (3) Chloe and her successors will eliminate all noxious smells emanating from the premises. The tenant upstairs complains about the smell, and public health officers inform Chloe that she must install a ventilation shaft up the outside of the building to the roof. Michael refuses to allow this.


Which of the following statements best describes the legal position?

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Chloe has an easement of common intention to place the ventilation shaft on the building. Given the covenants in the lease, an easement must be implied to give effect to the parties' intention. The easement is necessary to comply with the lease covenants, particularly those requiring compliance with public health regulations and the elimination of noxious smells. The rule in Wheeldon v Burrows and section 62 of the Law of Property Act 1925 do not apply here as both tenements are not in common ownership, and the necessary conditions for these provisions are not satisfied. 


Key Point: Easements of common intention are implied where necessary to give effect to the intention of the parties, particularly when covenants in a lease impose specific obligations. This principle ensures that tenants can fulfil their obligations under the lease even if the necessary easements are not expressly granted.

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Sure, let's break it down step by step:

**Scenario:**
Michael owns a building and leases the basement to Chloe with certain covenants. Chloe and her successors must:
1. Use the premises as a restaurant.
2. Comply with public health regulations.
3. Eliminate all noxious smells.

**Issue:**
The tenant upstairs complains about the smell, and public health officers say Chloe must install a ventilation shaft. Michael refuses to allow this installation.

**Legal Position:**
The best legal position here is that Chloe should have an implied easement of common intention to install the ventilation shaft. This is necessary to give effect to the parties' intentions and to allow Chloe to fulfill the covenants in the lease.

**Reasoning:**
- Easements of common intention are implied when necessary for the tenant to fulfil obligations imposed by the lease covenants.
- The covenants in Chloe’s lease necessitate installing the ventilation shaft to comply with public health regulations and eliminate noxious smells.

**Key Points:**
1. **Easement of Common Intention:** Implied to give effect to the agreed terms of the lease.
2. **Necessity to Comply with Lease Covenants:** The tenant must be able to fulfil their lease obligations.
3. **Not Relying on Wheeldon v Burrows or Section 62 of LPA 1925:** These do not apply as there isn’t common ownership of both tenements, nor are the necessary conditions met.

When analysing questions like these, always consider whether any implied rights or easements are necessary to allow the tenant to comply with lease obligations. This ensures the intention of both parties, laid out in the lease, is maintained.

I hope this explanation clarifies the matter for you. Keep up the good work, and never hesitate to ask more questions if you need further clarification!

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