Hi. I have a Q. Pls see if u guys can help me out..
Damien was the registered owner and occupier of Bridge House, which was connected to a studio in which he made pottery. The studio was accessible through an internal door in Bridge House and also by an external door which opened directly on to a small lane at the rear of the property. Damien regularly used the external door as a short-cut to reach the local train station. In 2003 Damien granted a lease of the studio to an artist, Jennifer, for a period of five years. In 2004 Damien told Jennifer that she was welcome to paint in the garden and to park her motorcycle in the drive of Bridge House whenever she wished. Jennifer did not object to Damien continuing to use the studio’s rear entrance as a short-cut whenever he liked. The lease of the studio was renewed for a further five years in 2008. Damien has now sold the freehold of the house and studio to Eric. Eric has told Jennifer he wants her to stop using the driveway and garden. Jennifer has responded by telling Eric that he must not make use of the rear entrance to the studio. Advise Eric.
my query: does a licence upon a lease, grant a legal easement upon a further lease granted? I mean did jennifer obtain a legal easement ?
if she did obtain via s62, then can the easement of painting in the garden can be not be granted as it is not a necessity...
also will damien be able to exercise wheeldon burrows because he only granted a lease, ultimately being the owner of whole eatate...
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- Thread Starter
- 19-01-2017 05:52