Wright v Macadam [1949] 2 KB 744

Facts

• The landlord (defendant) let a top-floor flat to the claimant (tenant), initially granting permission to use a garden shed for storing coal via an explicit license.
• Later, the landlord granted a new tenancy to the claimant, which included an additional room but did not mention the coal shed in the tenancy document.
• Despite the omission, the claimant continued using the garden shed without extra charge until 1947, when the landlord demanded payment for its use.
• The claimant refused to pay and sought a declaration that her tenancy included the right to use the shed, and also claimed damages for interference.
• The central issue was whether the original licence for the coal shed use became an easement annexed to the new tenancy by operation of section 62 of the Law of Property Act 1925.

Issues

1. Whether a licence to use property can be converted into an easement under section 62 of the Law of Property Act 1925 upon a grant of tenancy.
2. Whether the continued permission to use the coal shed could be implied as an easement, considering the lack of express mention in the new tenancy agreement.
3. Whether the arrangement for use of the shed was intended as a purely temporary privilege, and thus outside the scope of section 62.

Decision

• The Court of Appeal held in favour of the claimant, finding that the right to use the coal shed had become an easement under section 62 of the Law of Property Act 1925.
• The court clarified that section 62 can convert a de facto benefit or mere permission into an easement if the right was enjoyed at the time of conveyance.
• The lack of a time limit or condition rendering the shed use purely temporary allowed the implied easement to arise.
• The court confirmed that section 62 is not limited to rights already legally attached to the land, but may include quasi-easements enjoyed by the tenant prior to transfer.
• The right to use the shed was properly implied into the new tenancy as an easement, entitling the claimant to continue its use.

Legal Principles

• Section 62 of the Law of Property Act 1925 allows a permission or licence, if enjoyed at the time of conveyance, to be converted into an easement upon transfer of an interest in land.
• The operation of section 62 is not confined to rights previously legally attached to the dominant tenement, and may create easements from mere de facto use.
• Such transformation is contingent upon the enjoyment not being intended as purely temporary or specifically excluded in the conveyance.
• The decision affirms that informal or precarious permissions can have lasting legal consequences following conveyance, emphasizing the need for clear documentation.
• The principle remains subject to criticism and reform proposals, with concerns regarding the automatic creation of property rights from informal permissions.

Conclusion

Wright v Macadam established that under section 62 of the Law of Property Act 1925, a licence to use part of another’s land may become an easement upon conveyance if the use is not purely temporary or excluded, significantly impacting property law and the interpretation of informal property rights during transfers.