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Did you know ... that s62 LPA 1925 transforms informal arrangements into full legal easements?

Series: Commercial Property ; 3(6) 19-20(2)Publication details: 2001Subject(s): Summary: Discusses of the Law of Property Act 1925 s62. On the 'conveyance' of unregistered land informal arrangements for the use of neighbouring land can be transformed into a legal easement. In the case of the transfer of registered land, the Land Registration Rule 251 has the same effect. Considers situations in which s62 can apply. Describes "Wright v McAdam" in which a tenant (A) had previously enjoyed the informal permission of the landlord to use a garden shed. When the latter granted a new tenancy to the tenant of larger premises a dispute arose over continued use of the shed by A. The judge held that in the granting of the new tenancy permission to use the shed was transformed into a full legal easement. Looks at the limitations of s62 and discusses some recent case law.
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Journal article London Journal article ABS63764 (Browse shelf(Opens below)) 1 Available 111796-1001

Discusses of the Law of Property Act 1925 s62. On the 'conveyance' of unregistered land informal arrangements for the use of neighbouring land can be transformed into a legal easement. In the case of the transfer of registered land, the Land Registration Rule 251 has the same effect. Considers situations in which s62 can apply. Describes "Wright v McAdam" in which a tenant (A) had previously enjoyed the informal permission of the landlord to use a garden shed. When the latter granted a new tenancy to the tenant of larger premises a dispute arose over continued use of the shed by A. The judge held that in the granting of the new tenancy permission to use the shed was transformed into a full legal easement. Looks at the limitations of s62 and discusses some recent case law.