Campbell and Another v Banks and Others: CA 1 Feb 2011

The court considered the creation by section 62 of the 1925 Act automatically of easements when land was divided. The claimants owned land bounded on either side by properties beloinging to the respondents. The properties had once been in common ownership. They asserted the existence of a bridleway easement along a track to the public highways. The judge had found insufficient evidence to establish a claim by use.
Held: The claimants’ appeal failed. There was no evidence that there been had any use of the sort alleged at the time of the conveyance, and therefore there was no quasi-easement to be inferred under section 62.

Mummery, Longmore, Richards LLJ
[2011] EWCA Civ 61
Law of Property Act 1925 62
England and Wales
CitedWheeldon v Burrows CA 17-Jun-1879
Quasi-Easements granted on sale of part of Estate
S owned a workshop and an adjoining plot of land. The workshop had three windows looking out over the plot. The property was sold in separate lots at auction. The land was sold with no express reservation of any easements, and then similarly the . .
CitedPayne v Inwood CA 1996
A claim for an easement based upon section 62 of the 1925 Act failed. There had not been regular use of the path in question with the putative dominant tenement to gain access to it. Roch LJ said: ‘Section 62 of the 1925 Act cannot create new rights . .
CitedBorman v Griffith 1930
Maugham J said: ‘Where . . two properties belong to a single owner and are about to be granted and are separated by a common road, or where a plainly visible road exists over one for the apparent use of the other, and that road is necessary for the . .
CitedSovmots Investments Ltd v Secretary of State for the Environment HL 28-Apr-1977
The section in the 1881 Act does not apply to a quasi-easement because ‘When land is under one ownership one cannot speak in any intelligible sense of rights, or privileges, or easements being exercised over one part for the benefit of another. . .
CitedNickerson v Barraclough (2) ChD 2-Jan-1980
The Vice-Chancellor said: ‘if land is conveyed in circumstances which otherwise would create a way of necessity, or a way implied from the common intention of the parties based on a necessity apparent from the deeds, does public policy prevent the . .
CitedNickerson v Barraclough CA 2-Jan-1981
The plaintiff had bought land landlocked save over a bridge and a lane beonging to the defendant leading to the highway. He claimed a right of way relying on a conditional grant from 1906, section 62 of the 1925 Act, and also asserted a way by . .
CitedP and S Platt Ltd v Crouch and Another CA 25-Jul-2003
The claimant sought a declaration that certain easements had been included by implication in a conveyance of part of land to him.
Held: Since the easements were capable of subsisting at law, and existed as quasi-easements at the time, and did . .

Lists of cited by and citing cases may be incomplete.


Updated: 01 November 2021; Ref: scu.428362