In 1940, defendant let flat to W for one week.
After end of week, W continued in occupation by virtue
of Rent Acts.
In 1941, defendant gave W permission to use garden
shed for storage of coal.
In 1943, defendant granted new tenancy, of premises
and an additional room, to W and his daughter by unsealed document making no
reference to use of shed.
In 1947, defendant asked for money to be paid for use
Court of Appeal held that right to use shed passed to
W and daughter as an easement under s62 of LPA 1925 on grant of tenancy in
Predecessor of s62 of LPA 1925 was s6 of 1881 Act.
Case law on 1881 Act can be summarised thus:
1. Section not
confined to rights which are legally enforceable.
2. Right need
not be one to which owner or occupier has permanent title – right may be
exercised by permission only.
3. Right should
be one capable of being granted at law ie known to the law.
Right held to be one which law would recognise.