- 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
- 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?
- Yes; yes
- 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