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Under the rule against derogation from grant, someone who agrees to confer a particular benefit on another person must not do anything to substantially deprive the other person of the enjoyment of that benefit (Harmer v Jumbil (Nigeria) Tin Areas Ltd). The rule applies to the grant of easements and rights granted for a term of years. For examples of derogation from grant, see the section entitled ‘Derogation from grant—Substantial interference’ in Practice Note: Derogation from grant. We also refer you to Practice Note: Derogation from grant—easements and other rights.
To assess whether there has been a derogation from grant, the extent of the grant must be established. Express
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