Section 62 LPA 1925
s.62 LPA 1925: every conveyance of land passes all rights, privileges, and easements enjoyed with the land — informal permissions can be upgraded to legal easements. Wright v Macadam [1949]: permission to use coal shed became legal easement on grant of new tenancy. Prior separate occupation required (Sovmots Investments v Secretary of State [1979]): s.62 only operates where the dominant land (part conveyed) was separately occupied from the servient land (retained part). Exclude s.62 expressly in commercial leases and transfers.
Wheeldon v Burrows (1879)
On sale/lease of part: grantor impliedly grants quasi-easements (rights exercised over retained land for benefit of granted land) that are: (1) continuous and apparent; AND (2) reasonably necessary for comfortable enjoyment. Continuous and apparent: visible or discoverable on inspection — worn path; surface drain; roof guttering. No prior separate occupation required (unlike s.62) — operates on first sale/lease of part. Reasonably necessary: more than convenient but less than strictly essential.
Easement of Necessity and Common Intention
Easement of necessity: implied where land genuinely landlocked — strictly interpreted (Barry v Hasseldine [1952]); inconvenient access insufficient; necessity must exist at time of grant. Common intention (Pwllbach Colliery [1915]): implied where specific purpose of grant makes right obviously necessary and both parties shared that intention. Wong v Beaumont [1965]: basement restaurant required extractor duct — implied by common intention (restaurant use required ventilation).
Registered Land and LRA 2002
LRA 2002 s.27: legal easement over registered land must be registered or qualify as overriding interest. Overriding interest (LRA 2002 Sch 3, para 3): easement qualifies if obvious on reasonable inspection OR known to buyer OR exercised within the year before disposition. Unregistered implied easements may be equitable only — binding only on parties with notice. Ensure all intended easements are expressly granted and registered.
Excluding s.62 and Practical Steps
Commercial leases and transfers should expressly exclude s.62 LPA 1925 and Wheeldon v Burrows: 'Nothing in this [deed/lease] operates to grant any easement other than those expressly set out herein.' Ensure all intended rights are expressly granted and registered for registered land. Before granting a new lease of part, identify all quasi-easements and permissions that may be converted by s.62 or Wheeldon v Burrows — and either formalise them or exclude them.