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Keywords

plaintiffdefendantdamagesleaseeasement

plaintiffdefendantdamagesleaseregulation

Related Cases

Case v. Minot, 158 Mass. 577, 33 N.E. 700, 22 L.R.A. 536

Facts

The plaintiffs leased the upper stories of a building from the defendants, which included windows looking out onto an open space for light and air. The defendants allowed their tenants, Jordan & Jordan, to erect a chimney that obstructed these windows. The plaintiffs argued that this obstruction interfered with their right to quiet enjoyment of the premises. The superior court dismissed their claim, but the appellate court found that the plaintiffs had a valid claim for relief.

The plaintiffs' lease would not expire till December 31, 1892. In it they covenanted to make no use of the premises that should be injurious to any person or property, or liable to affect any insurance on the premises, or to increase the premium thereof, and to conform to such rules and regulations as might from time to time be established by the lessors for the general convenience and safety of the tenants in the building.

Issue

Whether the plaintiffs were entitled to relief against the defendants for the obstruction of their windows by the chimney erected by the defendants' tenants.

The only remaining question is whether relief should be granted against the defendants by way of damages.

Rule

The court applied the principle of implied grants of easements, determining that the right to light and air was necessary for the beneficial enjoyment of the leased premises.

It is true that the description of the premises demised to the plaintiffs contained no express mention of the well or open space for light and air, and the lease contained no express covenants on the part of the lessors; but the situation and habitual use of the demised premises were such as to warrant, if not to require, the finding of an implied grant of a right to light and air from the open space.

Analysis

The court found that the facts warranted a finding of a nuisance or substantial interruption of the plaintiffs' right to quiet enjoyment. It was determined that the defendants had sanctioned the actions of their tenants, which resulted in the obstruction. The court emphasized that the defendants were responsible for the consequences of their actions, as they had permitted the work that led to the obstruction.

Upon these facts, it might well have been found that the defendants sanctioned and authorized whatever the Jordans did, and were answerable for it.

Conclusion

The appellate court reversed the lower court's decision, holding that the plaintiffs were entitled to seek damages for the obstruction caused by the chimney.

The plaintiffs should not for this reason be turned out of court, but the bill should be retained for the assessment of damages.

Who won?

The plaintiffs prevailed in the case because the appellate court found that they had a valid claim for damages due to the obstruction of their right to light and air.

A jury, upon these facts, would not only be well warranted in finding that the defendants were responsible to the plaintiffs, but that view seems to be most in accordance with the facts.

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