Q&As

An agreement entered into in 1964 grants a right of way confirming that the grantee shall ‘peacefully hold and enjoy the benefit’ for the term of the agreement, which is 42 years. The right of way has been used, but the grantee is now facing objections. Can the right constitute a lease of a right of way capable of protection under the Landlord and Tenant Act 1954?

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Produced in partnership with Desmond Kilcoyne
Published on LexisPSL on 04/05/2021

The following Property Q&A produced in partnership with Desmond Kilcoyne provides comprehensive and up to date legal information covering:

  • An agreement entered into in 1964 grants a right of way confirming that the grantee shall ‘peacefully hold and enjoy the benefit’ for the term of the agreement, which is 42 years. The right of way has been used, but the grantee is now facing objections. Can the right constitute a lease of a right of way capable of protection under the Landlord and Tenant Act 1954?

An agreement entered into in 1964 grants a right of way confirming that the grantee shall ‘peacefully hold and enjoy the benefit’ for the term of the agreement, which is 42 years. The right of way has been used, but the grantee is now facing objections. Can the right constitute a lease of a right of way capable of protection under the Landlord and Tenant Act 1954?

Section 23 of the Landlord and Tenant Act 1954 (LTA 1954) provides: ‘Subject to the provisions of this Act, this Part of this Act applies to any tenancy where the property comprised in the tenancy is or includes premises which are occupied by the tenant and are so occupied for the purposes of a business carried on by him or for those and other purposes’.

To come within this definition there must be ‘premises’ which are capable of ‘occupation’. This immediately separates some types of easement from others.

In Pointon York

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