Notes on the Canadian Law of Landlord and Tenant as Applied to Corporeal Hereditaments

Notes on the Canadian Law of Landlord and Tenant as Applied to Corporeal Hereditaments

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ...114; 23 C. L. T. 96, Buckley, J., held that a covenant that the tenant should "quietly hold and enjoy without any interruption by the landlord or any person claiming under him," related only to freedom from disturbance by adverse claimants not necessarily limited to the turning out of the tenant, but extending to physical and not merely "metaphysical" interference with the use of the property demised as distinguished from its comfortable enjoyment. Under such a covenant the plaintiff cannot sue in respect of noise or disagreeable sights or sounds, e.g., noise, improper conduct and obnoxious language, on a common staircase by tenants using other flats in the same building for immoral purposes. The action for breach was allowed to go down to trial on the ground that the plaintiff might show acquiescence by the landlord in the wrongful acts or might be entitled to enforce as against the other tenants, a covenant, contained in all the leases, not to use the premises for immoral purposes. The Court of Appeal affirmed this judgment (1903) 19 T. L. B. 145; 23 C. L. T. 96; 87 L. T. 690. But the daily and continual use of sewing machines and thumping of pressing irons used in a dressmaker's business carried on in an adjoining flat in an apartment block was held to be a breach of the covenant and a nuisance in Walton v. Biggs (1912) 19 W. L. R. 895; 32 C. L. T. 321 Man.--Patterson, C.Co.J.. An action by plaintiffs, printers and embossers, tenants of defendant Weighart, against their landlord and against the other defendants, their co-tenants of the flat above them, for damages for maintaining a nuisance by reason of the noise of their machinery, and for trespass; for damages for loss of business, annoyance and discomfort, and for an injunction. It more

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  • Paperback | 448 pages
  • 189 x 246 x 23mm | 794g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236657411
  • 9781236657411