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