The council conveyed land to the brewery, with an option to re-purchase it. On exercising the option, the brewery asserted rights over the land, by way of easement acquired during its ownership. These were rejected by the court. The intention of the option, was that the land should be reconveyed in the same condition. The Law Society contract condition was not intended to disregard any connection between the fictional and actual conveyance, which in any event were to be deemed to have occurred on the same day. The court had regard to the circumstances existing at the time of the bargain to infer the common intention that the parties were to be restored to their previous positions, and accordingly held that the rights reserved were only the established easements at the date of the grant.
Citations:
Gazette 15-Jun-2000, (2000) 80 P and CR 466, [2000] EWCA Civ 182
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – P 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.
Land
Updated: 20 May 2022; Ref: scu.89163
