F granted T a lease reserving the right to deal with all rights in the property as F wanted. T used the back court and gate for business deliveries but then F granted the freehold to the plaintiff, who in turn denied all right to use the back court or gate as T had been doing for many years.
Held: T had no easement arising from section 62 of the 1925 Act. The plaintiff’s use of a right of way, being always subject to the exigencies of his landlord’s own business, could not have been the subject of a legal grant and that, in those circumstances, section 62 could not operate. It was not an easement as the tenant had always asked for permission before parking.
In considering whether an advantage was ‘enjoyed with’ the land conveyed, one considers a reasonable period of time before the conveyance in order to see whether there was, over that period, a pattern of regular user in any particular way. Cross J said: ‘One ought to look at a reasonable period of time before the grant in question in order to see whether there was anything over that period which could be called a pattern of regular user in any particular way or ways’.
Judges:
Cross J
Citations:
[1966] 1 WLR 889, [1966] 2 All ER 233
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Linvale Investments Ltd v Walker ChD 4-Feb-2016
. .
Cited – Morrells of Oxford Ltd v Oxford United Football Club Ltd and Others CA 21-Jul-2000
A covenant on the sale of land for a public house provided that the vendor should not permit the building of licensed premises within half a mile.
Held: The covenant operated personally only. The covenants which might be implied by the section . .
Cited – Merie Bin Mahfouz Company (UK) Ltd v Barrie House (Freehold) Ltd UTLC 8-Dec-2014
UTLC Leasehold enfranchisement – collective enfranchisement – leasebacks under Schedule 9 to the Leasehold Reform, Housing and Urban Development Act 1993 – units not in existence at the relevant date – common . .
Lists of cited by and citing cases may be incomplete.
Land, Landlord and Tenant
Updated: 01 June 2022; Ref: scu.678283
