In 1990 Frank bought a shop, No.13 Terrace Row, and an adjoining house, No.15 Terrace Row. He also bought a plot of land adjoining No.15 Terrace Row. Frank lived in No.15 Terrace R
In 1990 Frank bought a shop, No.13 Terrace Row, and an adjoining house, No.15 Terrace Row. He also bought a plot of land adjoining No.15 Terrace Row. Frank lived in No.15 Terrace Row. He granted a lease of the shop at No.13 Terrace Row to Rajeev. As the storage space in the shop was limited, Frank allowed Rajeev to store bulky items in a shed in the back yard of No.15. There was no mention of this in the lease of No.13 Terrace Row.
Frank does not drive and he used a short cut from No.15 across his adjoining plot of land to walk to the bus stop. The only other route to the bus stop was a long walk around local streets.
Recently Frank granted Rajeev a new lease of the shop at No.13. He then told Rajeev he could no longer use the shed. Rajeev claims he has a right to use the shed for storage.
Frank has now sold No.15 Terrace Row to Billy, who is not happy with Rajeev storing items in the shed.
Billy claims he has a right to use the short cut across Frank’s adjoining land to reach the bus stop. Frank is not happy about this as he wants to build a house on the plot of land.
1. Explain whether the right claimed by Rajeev has the characteristics of an easement
2. Assuming the right claimed by Rajeev has the characteristics of an easement, explain whether Section 62 of the Law of Property Act 1925 could apply to make an easement in Rajeev’s favour
3. Assuming the right to use the short cut across Frank’s land has the characteristics of an easement, explain whether the rule in Wheeldon v Burrows [1879] could operate to make an easement allowing Billy to walk across Frank’s land
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