Wright v Macadam
Section 62 of the Law of Property Act 1925 can turn a permission enjoyed by a tenant into a full easement when a new lease is granted.
Facts
Mrs Wright was the tenant of a flat let by Mr Macadam. He gave her permission to store coal in a shed in the garden. Later, he granted her a new tenancy of the flat, which said nothing about the coal shed. She continued to use the shed. Mr Macadam then demanded payment for its use, and she claimed that she had an easement to use it.
Legal principle
The Court of Appeal held that Mrs Wright had an easement. Jenkins LJ said that the effect of section 62 of the Law of Property Act 1925 was that the new tenancy passed with the flat all liberties, privileges, easements and rights enjoyed with it at the time of the grant. The permission to store coal, which was capable of being an easement, was such a liberty, so it was converted into an easement by the grant of the new tenancy. It did not matter that the right had been enjoyed by permission only.
Related cases on easements
- Batchelor v Marlow [2001] EWCA Civ 1051, [2003] 1 WLR 764
- Copeland v Greenhalf [1952] Ch 488
- Dalton v Angus & Co (1881) 6 App Cas 740
- Re Ellenborough Park [1956] Ch 131
- Hill v Tupper (1863) 2 H & C 121
- Mills v Silver [1991] Ch 271
- Moncrieff v Jamieson [2007] UKHL 42, [2007] 1 WLR 2620
- Nickerson v Barraclough [1981] Ch 426
Studying land law? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.
This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
