Facts
- A lease was granted to a restaurant operator, requiring land to be sed as a restaurant
- Regulations required a ventilation duct to be installed
Issue
- Was an easement of common intention granted over the lessor’s land for a ventilation duct leading from the lessee’s land?
Decision
- Yes
Reasoning
- Both parties intended the land to be used as a restaurant
- A ventilation duct was necessary for that particular and definite purpose
