Yet another sale of part ends up being scrutinised by the Court of Appeal. Little wonder that exam questions have revolved around the subject for generations. The materials for next year’s law students may well include P&S Platt Ltd v Crouch[2003] 32 EG 67 (CS). The case was an argument over mooring rights and the right to display mooring signs. Were those rights included in the sale or not? The court settled in for some revision of Land Law (Part 1). It considered the students’ stand-by, Wheeldon v Burrows (1879) 12 Ch D 31, and felt that it applied here. It noted that the operation of section 62 of the Law of Property Act 1925 had not been excluded from the transfer. Therefore, such rights had been converted on completion to full legal easements. The upshot was that the sellers’ case was lost and their riverside dwelling not so idyllic.
Related practice point:
Yet another sale of part ends up being scrutinised by the Court of Appeal. Little wonder that exam questions have revolved around the subject for generations. The materials for next year’s law students may well include P&S Platt Ltd v Crouch[2003] 32 EG 67 (CS). The case was an argument over mooring rights and the right to display mooring signs. Were those rights included in the sale or not? The court settled in for some revision of Land Law (Part 1). It considered the students’ stand-by, Wheeldon v Burrows (1879) 12 Ch D 31, and felt that it applied here. It noted that the operation of section 62 of the Law of Property Act 1925 had not been excluded from the transfer. Therefore, such rights had been converted on completion to full legal easements. The upshot was that the sellers’ case was lost and their riverside dwelling not so idyllic.
Related practice point: PP 2000/58