LPA Questions And Answers

'Continuous and apparent' - ️️- The right must have been exercised recently and regularly, and there must be some expectation that it will be used regularly in the future - And there must be some physical evidence of the exercise of the right - such as a track for a right of way, or a manhole cover for a right of drainage As you can see from Wright v Macadam, LPA 1925, s 62 operated in a situation where land had previously been divided. It operated where... - ️️Mrs Wright was an existing tenant, and after the start of her tenancy the informal permission was granted to her. If it is implied into a transfer deed, then how long will the easement last? - ️️As long as the freehold lasts. If the easement is implied into a lease, when will it come to an end? - ️️When the lease comes to an end. In this context, what does the word 'conveyance' mean? - ️️A transfer or lease of land by deed. Is it possible for an easement to have been impliedly reserved by the LPA 1925, s 62? - ️️No. It will only imply an easement into what? - ️️A conveyance (i.e. a deed). LPA 1925, s 62: requirements for the 'upgrade effect'. It only applies where... - ️️The right being claimed would have been a grant to the claimant. Note that the LPA 1925, s 62 still operates in Wright v Macadam situations. What the recent cases merely done? - ️️Widened the scope of the statutory provision even further. The requirement of prior diversity of occupation under the LPA 1925, s 62 was for many years thought to be a pre-requisite for this method of implied acquisition to work. However, which two recent cases challenge this notion? - ️️- P&S Platt v Crouch - Wood v Waddington The rule from the LPA 1925, s 62 will only imply easements into conveyances, i.e. a transfer by deed or a legal lease. An easement which is implied into a transfer deed or a legal lease is what? - ️️An implied legal easement, as the easement takes its status from the status of the document it is implied into. Therefore, all easements implied by the LPA 1925, s 62 are what? - ️️Implied legal easements.