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Goldberg v Edwards [1960]

Facts

  • A landlord leased an annex to his house
  • He permitted the tenant to access the annex through his house, although other access via a covered passageway was also possible
  • The tenant was replaced by the claimant, who also accessed the annex through the landlord’s house, against his wishes
  • The landlord stopped the claimant’s access through his house

Issue

  • Had the new tenancy agreement converted the old tenant’s personal right of access into an easement?

Decision

  • Yes

Reasoning

  • Section 62 of the Law of Property act had converted the right, and did not have a requirement of necessity
  • The date of execution, applicable to actual use, was irrelevant considering that the lease had been backdated
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