Derogation from grant is a legal principle that arises in the context of property law, particularly in relation to the conveyance of property through a grant. It refers to a situation where a grantor, who has conveyed certain rights or interests in property to a grantee, subsequently takes actions or makes decisions that undermine or diminish the rights originally granted. In essence, derogation from grant occurs when the grantor’s actions are inconsistent with the rights they have conveyed to the grantee.
For example, if a landowner grants an easement to a neighbour for access to their property, but then constructs a fence that obstructs the neighbour’s access route, it could be considered derogation from grant. Similarly, if a landlord leases a commercial space to a tenant for the purpose of operating a restaurant, but then opens a competing restaurant nearby, it could be seen as derogating from the tenant’s exclusive use rights.
Derogation from grant is based on the principle that a grantor should not act in a manner that defeats the very purpose for which they made the grant. If a grantor engages in actions that derogate from the grant, the grantee may have legal remedies available, such as seeking damages or an injunction to enforce their rights under the original grant.
It is a general principle of law that if person A grants an interest in land to person B, he must not then act in such a way as to make that grant worthless. A good example is Harmer v Jumbil (1921), in which the Landlord was held to have granted a worthless Lease, by making it impossible for the lessees to use the land for the purpose for which they had leased it.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/derogation-from-grant/
- Modern Language Association (MLA):Derogation From Grant. dlssolicitors.com. DLS Solicitors. May 02 2024 https://dlssolicitors.com/define/derogation-from-grant/.
- Chicago Manual of Style (CMS):Derogation From Grant. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/derogation-from-grant/ (accessed: May 02 2024).
- American Psychological Association (APA):Derogation From Grant. dlssolicitors.com. Retrieved May 02 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/derogation-from-grant/