Easements—LPA 1925, s 62 and permissions
Easements—LPA 1925, s 62 and permissions

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Easements—LPA 1925, s 62 and permissions
  • Converting a permission into a right
  • Mortgagees
  • Due diligence or contrary intention?
  • Possible reform

Section 62 of the Law of Property Act 1925 (LPA 1925) is, in essence, a word-saving device. However, it can also operate on a conveyance of part to convert a permission (eg to use an area for car parking) into an indefeasible right.

LPA 1925, s 62 provides that every 'conveyance' of land is deemed to include and operates to convey, with the land:

  1. all ways, waters, watercourses, liberties, privileges, easements, rights and advantages

  2. appertaining or reputed to appertain to the land, or

  3. at the time of the conveyance, demised, occupied or enjoyed with or reputed or known as part and parcel or appurtenant to the land or any part of it

A conveyance of land with buildings on it includes:

  1. all ways, passages, lights, watercourses, liberties, privileges, easements, rights and advantages whatsoever

  2. appertaining or reputed to appertain to the land or buildings, or any part of it or them, or

  3. at the time of conveyance, demised, occupied or enjoyed with or reputed or known as part or parcel of or appurtenant to the land or buildings or any part of it or them

Rights which arise under these provisions are granted by statutory implication and the conveyance is construed as if the necessary words were expressly contained in it.

'Conveyance' is defined in LPA 1925, s 205 as including a lease and every other