Tram Lease Ltd v Croad - [2003] 2 NZLR 461

Equity — Equitable interest in land — Proprietary estoppel or estoppel by acquiescence — Whether plaintiff knew of status of party wall at time defendants took lease — Whether Court had jurisdiction to grant statutory relief — Whether building encroached — Whether just and equitable to grant relief — Property Law Act 1952, s 129.

Property law — Adjoining land — Party wall easement — Whether easement extinguished upon expiry of original period of perpetually renewable lease — Whether plaintiff derogating from grant of lease — Whether plaintiff in breach of implied covenant as to quiet enjoyment.

Property law — Easement — Party wall easement — Whether easement extinguished upon expiry of original period of perpetually renewable lease — Whether plaintiff derogating from grant of lease — Whether plaintiff in breach of implied covenant as to quiet enjoyment.

Property law — Lease — Party wall easement — Whether easement extinguished upon expiry of original period of perpetually renewable lease — Whether plaintiff derogating from grant of lease — Whether plaintiff in breach of implied covenant as to quiet enjoyment.