STEP 4: If the dominant owner changed, has the benefit passed? - Apply s.62 LPA 1925
3 important questions on STEP 4: If the dominant owner changed, has the benefit passed? - Apply s.62 LPA 1925
Explain how (s.62 LPA 1925) ensures that everything on the land or enjoyed with it is passed to the buyer?
S.62 LPA can also be used to convert quasi-easements (easements where the two tenenments are owned by the same person) on sale of one of the tenenments into full easement by implying general words into a conveyance (easements).
Explain why the claimant's licence was converted into an easement in Wright v Macadam)
The tenant had a mere licence to use a coal shed. However, when the tenant was granted a new tenancy, this amounted to a conveyance and general words were implied. The Court of Appeal held that the right to use the shed was an easement that transformed the licence into an easement.
Explain the three requirements that must consider in order for a new easement to be created under (s.62 LRA 1925)?
- Must be a conveyance of part (freehold part or legal lease of part)
- Prior to conveyance, the dominant land must have enjoyed the benefit of the licence or permission capable of being an easement
- Diversity of occupation is no longer essential/ "no absolute rule that a right of way cannot be claimed where there is no diversity of occuptation" and an easement can be claimed without it (Wood v Waddington) = main focus is the continuous and apparent enjoyment of the right.
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