Borman v Griffiths [1930]

s62 no, Wheeldon
v Burrows
yes.
J leased B house situated in large park containing
mansion.
House approached by drive leading to mansion.
Agreement contained no express grant of right of way
over drive.
J then constructed unmetalled road leading direct to
B’s house.
Road unsuitable for heavy traffic and for B’s trade as
poultry dealer.
B continued to use drive.
J later leased mansion to G.
G began to obstruct B’s use of the drive.
B claimed right of way.
So did B acquire quasi-easement which J had exercised
over drive when accessing mansion?
S62 did not apply to contract for a lease.
But Wheeldon v
Burrows
rule applied.