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URGENT: Section 62 & Wheeldon v Burrows

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    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
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    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
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    (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.

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Updated: June 1, 2012
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