Facts
- A landowner let out his farmland to several different farmers
- The tenancy agreements provided for the keeping of sheep, but required that boundary fences were maintained
- One of the farms was sold
Issue
- Could an obligation to keep fences in good repair be turned into an easement upon the sale of the farm by virtue of s 62 of the Law of Property Act 1925?
Decision
Reasoning
- Although it is a general how to buy cheap xanax online rule that easement cannot require a servient landowner to spend money in order to comply, maintaining boundary fences constituted an exception, recognised in the general nature of rights which may constitute easements
