[Aturmercy]

Now Sec 62 requires Diversity of Occupation and WvB doesn't. Can anyone tell me before when should there be Diversity of Occupation?

Say for example, A is the owner who sold to B who later sold to C

Should there be Diversity of Occupation before the right was given to B or C? or should it be before the land was given to B or C

[vnupe]

For diversity of Occupation think Wright v MacAdams, in that case the tenant askede the landlord to store things in a coal shed, the landload said yes. Subsequently when the tenant reupped his lease the coal shed use was included, because it wasn't expressly excluded in the new lease. Therefore a proprietary interest coupled with an interest which could previously be looked at as a licence, when viewed together unless expressly frbidden can serve to start an implied easement under s. 62 LPA 1925.
For this to occur 2 criteria :
prior diversity which we now have as tenant had the right
conveyance (which we have obtained through the leasehold renewal

[mja]

(Original post by Aturmercy)
Now Sec 62 requires Diversity of Occupation and WvB doesn't. Can anyone tell me before when should there be Diversity of Occupation?

Say for example, A is the owner who sold to B who later sold to C

Should there be Diversity of Occupation before the right was given to B or C? or should it be before the land was given to B or C

s62 and Wheeldon are both mechanisms for implying a grant of an easement into a conveyance. So first identify the conveyance into which the grant might be implied. Then look at diversity or unity of occupation immediately before that conveyance.