A notorious instance of being punished for doing someone a favour can arise when L renews a lease or sells and conveys the reversion to T. Here, it will be recalled, there is a danger that some right, hitherto informally exercised by T over other property belonging to L, can, as it were, metamorphose into a fully-fledged legal easement. The reason lies in section 62 of the Law of Property Act 1925, as interpreted by the courts: leading case Wright v Macadam [1949] 2 KB 744.
The decision of the Court of Appeal in Hair v Gilman [2000] 48 EG 117 affirms that is immaterial that the right (in that case to park on a forecourt) could have been withdrawn at any time. It is otherwise, as the court was at pains to point out, where a limited period of enjoyment was contemplated at the outset.
For a useful summary and analysis, see
A notorious instance of being punished for doing someone a favour can arise when L renews a lease or sells and conveys the reversion to T. Here, it will be recalled, there is a danger that some right, hitherto informally exercised by T over other property belonging to L, can, as it were, metamorphose into a fully-fledged legal easement. The reason lies in section 62 of the Law of Property Act 1925, as interpreted by the courts: leading case Wright v Macadam [1949] 2 KB 744.
The decision of the Court of Appeal in Hair v Gilman [2000] 48 EG 117 affirms that is immaterial that the right (in that case to park on a forecourt) could have been withdrawn at any time. It is otherwise, as the court was at pains to point out, where a limited period of enjoyment was contemplated at the outset.
For a useful summary and analysis, see A permanent reminder Estates Gazette 7 October 2000, p179.
