Doherty v Allman
1878 · 3 App Cas 709
Posted By lanbuk.com
- Facts
- A lease had nearly a century left to run. The lessee turned ruinous stores and buildings into dwelling houses. The reversioner wanted an to stop the work.
- Issue
- Will equity injunct ?
- Held
- No. The House of Lords refused the injunction. The change improved the property.
- Principle
- Equity does not restrain a tenant from altering premises where the alteration is an improvement and the lease is a long one.
- Why it matters
- It is the case on ameliorating waste.
Words and Latin in this note
- Ameliorating waste
- A change that improves the land. Equity will not usually stop it. Open the note.
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