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Platt v Crouch [2003]

Facts

  • The claimant purchased a hotel and hotel business next to a river with a small island on it
  • The previous owner of the hotel and hotel business enjoyed both fishing and mooring rights

Issue

  • Had the rights been converted into easements by virtue of s 62 of the Law of Property Act 1925; were the rights capable of being recognised as easements?

Decision

  • Yes; yes

Reasoning

  • The rights were enjoyed with the hotel, for the benefit of the business and its guests
  • The rights were continuous and apparent – the requirements of s 62 were fulfilled
  • The rights could be recognised as easements, even though they adversely affected the servient land – there was no deprivation of reasonable use nor any entire reduction in value
  • The burden is on the vendor of land to show that an easement was not intended to be created under s 62
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