Can a lease be construed as a right to light by implication?
Manitoba, Canada
The following excerpt is from North Portage Development Corp. v. Winnipeg (City) Assessor, 1995 CanLII 11054 (MB CA):
The only authority cited in support of that proposition is Beddington v. Atlee (1887), 35 Ch. Div. 317, a case in which a lease was construed as granting a right to light by implication. The grant, however, was only for the term of the lease. The use of the term "easement" in reference to that right is therefore questionable as the right lacked the essential characteristic of an easement, namely, that of being a freehold interest in the land.
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