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4 Cards in this Set
- Front
- Back
DEF s.62 LPA 1925 rule
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The LEGAL conveyance of an estate to a purchaser turns into Es those rights previously only enjoyed by permission
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Three conditions
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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' |
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Exclusion of s.62 LPA 1925
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Is standard conveyancing practice
1) By clear words 2) Conduct of the parties shows they intended to exclude it |
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Difference between 'W v B' and s.62 LPA 1925
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1) Prior diversity of occupation probably necessary for s.62
2) s.62 is only re legal transfers |