Wright v Macadam [1949]

Facts

  • Mrs Wright, a statutory tenant with landlord Macadam, was given permission to use a nearby shed (on Macadam’s land) to store coal
  • A new tenancy was granted to Mrs Wright, which made no mentions of the coal storage

Issue

  • Had the permission to use the shed for coal storage, by virtue of s 62 of the Law of Property Act 1925, turned the permission into a legally enforceable easement upon the execution of the new tenancy?

Decision

  • Yes

Reasoning

  • s 62 is not confined to rights which are already legally enforceable
  • The right need not have been permanent
  • The right need only be capable of being granted at law – although just because a right may alter the value of the dominant does not automatically make it an easement
  • s 62 will not operate where the right was clearly temporary
  • Opinion: the full judgment in this case is worth reading to understand how s 62 operates in practice
  • The storage right did not amount to a claim for exclusive possession of the shed; Macadam still had access
RELATED CASE  Wayling v Jones [1993]

Posted in Land Law Revision Notes.

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