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
