Easment

Question 1

Platt v Crouch

Answer 1

The claimant purchased a hotel and hotel business next to a river with a small island on it. The previous owner of the hotel and hotel business enjoyed both fishing and mooring rights.

Had the rights been converted into easements by virtue of s 62 of the Law of Property Act 1925; were the rights capable of being recognised as easements?

Held - yes

Question 2

Allen v Greenwood

Answer 2

The claimant had a green house and claimed his right to light as the defendant was going to develop a structure which would reduce light going to the green house. Therefor making it in effective.

Held - greenhouse needs more light then a shed and is therefor treated differently and require ample lighting. If it doesn’t receive this then may be viewed as a nuisance. So Defendant wasn’t allowed to build structure that would limit light reaching green house.