Proprietary Rights MCQs Flashcards
A solicitor is acting for the buyer of a lodge, which originally formed part of a large estate but was sold off several years ago. The lodge has a registered title, but there is no entry in the register relating to any easements over the remainder of the estate. The buyer’s solicitor raises a pre-contract enquiry about this with the seller’s solicitor, who responds that the lodge has the benefit of any easements implied under s62 of the Law of Property Act 1925.
Which one of the following statements best describes when s62 will operate on a sale of part of an estate?
a) Only where there has been prior diversity of occupation of the land transferred and the land retained.
b) Only where there is no contrary intention expressed in the transfer that s62 is not to operate.
c) Only where the title to the estate is unregistered, because s62 does not apply to registered land.
d) Only where the transfer expressly provides for s62 to operate.
e) Only where there has been no prior diversity of occupation of the land transferred and the land retained.
B
This is because the Court of Appeal in Wood v Waddington [2015] EWCA Civ 538 confirmed that prior diversity of occupation of the land transferred and the land retained is not a requirement in order for s62 to operate. This is, however, subject to the usual proviso that there is no contrary intention expressed in the transfer that s62 is not to operate.
