Easements—LPA 1925, s 62 and permissions

Published by a UUÂãÁÄÖ±²¥ Property expert
Practice notes

Easements—LPA 1925, s 62 and permissions

Published by a UUÂãÁÄÖ±²¥ Property expert

Practice notes
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Section 62 of the Law of Property Act 1925 (LPA 1925) (section 62) is, in essence, a word-saving device. However, it can also operate on a conveyance of part to convert a permission (eg to use an area for car parking) into an indefeasible right.

Deemed inclusion of rights

Section 62 provides that every 'conveyance' of land is deemed to include and operates to convey, with the land:

  1. •

    all ways, waters, watercourses, liberties, privileges, easements, rights and advantages

  2. •

    appertaining or reputed to appertain to the land, or

  3. •

    at the time of the conveyance, demised, occupied or enjoyed with or reputed or known as part and parcel or appurtenant to the land or any part of it

A conveyance of land with buildings on it includes:

  1. •

    all ways, passages, lights, watercourses, liberties, privileges, easements, rights and advantages whatsoever

  2. •

    appertaining or reputed to appertain to the land or buildings, or any part of it or them, or

  3. •

    at the time of conveyance, demised, occupied or enjoyed with or reputed or known

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Jurisdiction(s):
United Kingdom
Key definition:
Easement definition
What does Easement mean?

A right to use land in a particular way that does not confer a right to take the fruits of the land or a right to possession.

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