Derogation from grant

The rule that a party should not derogate from its grant embodies a general legal principle that, if A agrees to confer a benefit on B, then A should not do anything that substantially deprives B of the enjoyment of that benefit.

Derogation from grant is commonly referred to in the context of landlord and tenant relationships. Where a landlord has taken steps, or granted rights to another party, which render the premises unfit or unsuitable for the purpose for which they were let, the landlord is said to have derogated from its grant (under the lease). For more information, see Practice note, Leases: Quiet enjoyment covenant: Quiet enjoyment and derogation from grant.