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[2003] EWCA Civ 1100 (CA).The claimants bought from the defendants a hotel, which was formerly part of a larger area of land. This land included, among other things, river moorings near the hotel. Some time after the sale, the defendants, who had reserved from the sale the land containing the moorings, sought to prevent the claimants using the moorings as part of their hotel business. The claimants asserted that an Easement arose over the moorings by the rule in wheeldon v burrows (1879), and by the effect of s.62 of the Lpa (1925).

At first instance, and in the Court of Appeal, the claim succeeded. It was held that s.62 was capable of creating an easement, even when exercise of the easement would be detrimental to the owners of the servient tenement. It was necessary, however, that use of the easement would not amount to exclusive occupation of the servient land.

-- Main.KevinBoone - 15 Jan 2004