Q&As

Does a lease have the benefit of the right of way over intervening land by operation of section 187 of the Law of Property Act 1925 (LPA 1925) (as this is an easement benefiting the landlord's title) or does it lose that benefit because either it is not expressly re-granted in the lease (which seems difficult to do, as the landlord does not own the intervening land) or because LPA 1925, s 62 is excluded?

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Published on LexisPSL on 21/09/2017

The following Property Q&A provides comprehensive and up to date legal information covering:

  • Does a lease have the benefit of the right of way over intervening land by operation of section 187 of the Law of Property Act 1925 (LPA 1925) (as this is an easement benefiting the landlord's title) or does it lose that benefit because either it is not expressly re-granted in the lease (which seems difficult to do, as the landlord does not own the intervening land) or because LPA 1925, s 62 is excluded?
  • Case study
  • Section 187 of the Law of Property Act 1925
  • Section 62 of the LPA 1925
  • Express grant of the right of way?
  • Could there be an implied grant of a right of way?
  • Can the tenant establish a right of way by prescription/long use?
  • Is the landlord derogating from grant in the lease?

Case study

A lease grants an access way over the landlord’s adjoining property (all of the landlord's land is under one registered title). The boundary of the landlord's title stops short of the public highway, but the whole of the title benefits from a right of way over that intervening parcel of land. The lease does not state that it is granted subject to and with the benefit of all title matters. It also states that no rights are granted by the lease other than those expressly set out and for the avoidance of doubt the operation of section 62 of the Law of Property Act 1925 (LPA 1925) is excluded. Does the lease have the benefit of the right of way over the intervening land by operation of LPA 1925, s 187 (as this is an easement benefiting the landlord's title) or does it lose that benefit because either (a) it is not expressly re-granted in the lease (which seems difficult to do, as the landlord does not own the intervening land) or (b) because LPA 1925, s 62 is excluded?

Section 187 of the Law of Property Act 1925

This provides:

  1. where an easement, right or privilege for a legal estate is created, it shall enure for the benefit of the land to which it is intended to be annexed

  2. nothing in LPA 1925 affects

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