Q&As

Does a tenant have the benefit of rights over adjoining land in favour of the landlord/freeholder if they are not specifically granted in the lease and where section 62 of the Law of Property Act 1925 is not expressly excluded?

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Published on LexisPSL on 29/06/2018

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

  • Does a tenant have the benefit of rights over adjoining land in favour of the landlord/freeholder if they are not specifically granted in the lease and where section 62 of the Law of Property Act 1925 is not expressly excluded?

Although the landlord does not own the adjoining land over which the rights are exercised (we are assuming that the landlord owns the dominant tenement), it would have been able to grant the benefit of the rights to a tenant either by granting the lease ‘subject to and with the benefit of all matters referred to on [insert relevant title numbers]’ or by granting ‘the rights as set out in [insert details of origina

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