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4 Cards in this Set

  • Front
  • Back
DEF s.62 LPA 1925 rule
The LEGAL conveyance of an estate to a purchaser turns into Es those rights previously only enjoyed by permission
Three conditions
1) The right is capable of being an E

2) Only re the transfer ('conveyance') of a legal estate
• NEED a deed/registered disposition
• Creates only legal Es
• E.g.: oral three-year lease is transfer of a legal estate, but isn't by deed - no s.62

3) Prior diversity of occupation needed - 'Hair v Gillman'; 'Sovmots v SS for the Environment'
BUT: 'Platt v Crouch': Peter Gibson LJ: PDoO isn't nec. if the activity was continuous and apparent before conveyance

NB: this is poss. per incuriam - all auth's needed PDoO. Decision unfortunate as now LC thinks reform of all implied easements is nec.

- 'Campbell v Banks': no E as no PDoO. CA: now is not the time to discuss whether is nec. or not; they know there's a problem
- 'Kent v Kavanagh'
Exclusion of s.62 LPA 1925
Is standard conveyancing practice

1) By clear words
2) Conduct of the parties shows they intended to exclude it
Difference between 'W v B' and s.62 LPA 1925
1) Prior diversity of occupation probably necessary for s.62

2) s.62 is only re legal transfers