Q&As

A is granting a right of way to B, the proprietor of some neighbouring land. That land is subject to a lease to C. Will C automatically benefit from the new right to be granted to B or should they be made a party to the deed?

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Produced in partnership with Helen Galley of XXIV Old Buildings
Published on LexisPSL on 14/09/2018

The following Property Q&A Produced in partnership with Helen Galley of XXIV Old Buildings provides comprehensive and up to date legal information covering:

  • A is granting a right of way to B, the proprietor of some neighbouring land. That land is subject to a lease to C. Will C automatically benefit from the new right to be granted to B or should they be made a party to the deed?

In this Q&A the dominant land, ie the land with the benefit of the right of way is that demised to the tenant. The grant is to the freehold owner but it post-dates the lease. At the time the lease was granted, no right of way existed and so the tenant could not, whether expressly or impliedly, take the benefit of it. Had the right of way been in existence at the date of the grant of the lease, then under section 62(1) or (2) of the Law of Property Act 1925 (LPA 1925) the lease, which is a conveyance for the purposes of the section, would have been deemed to include, inter alia, all rights of way and other easements which at the date of the lease appertained or were reputed to appertain to the land demised.

LPA 1925, s 62 will not, however, operate so as to confer on the lessee any right which the lessor had no right to grant and at the date of this lease, the lessor could not have granted a right of way.

It may be the case that the

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