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Status: Law In Force

Law of Property Act 1925 c. 20
Part II CONTRACTS, CONVEYANCES AN OT!ER INSTR"#ENTS
Co$%eya$ce& a$' ot(er I$&tr)*e$t&
This version in force from: +a$)ary 1, 192, to pre&e$t
(version 1 of 1)
,2.- .e$era/ wor'& 0*p/0e' 0$ co$%eya$ce&.
(1) A conveyance of land shall be deemed to include and shall by virtue of this
Act operate to convey with the land all buildin!s erections fi"tures commons
hed!es ditches fences ways waters water#courses liberties privile!es
easements ri!hts and advanta!es whatsoever appertainin! or reputed to
appertain to the land or any part thereof or at the time of conveyance
demised occupied or en$oyed with or reputed or %nown as part or parcel of or
appurtenant to the land or any part thereof&
(') A conveyance of land havin! houses or other buildin!s thereon shall be
deemed to include and shall by virtue of this Act operate to convey with the
land houses or other buildin!s all outhouses erections fi"tures cellars areas
courts courtyards cisterns sewers !utters drains ways passa!es li!hts
watercourses liberties privile!es easements ri!hts and advanta!es
whatsoever appertainin! or reputed to appertain to the land houses or other
buildin!s conveyed or any of them or any part thereof or at the time of
conveyance demised occupied or en$oyed with or reputed or %nown as part or
parcel of or appurtenant to the land houses or other buildin!s conveyed or
any of them or any part thereof&
(() A conveyance of a manor shall be deemed to include and shall by virtue of
this Act operate to convey with the manor all pastures feedin!s wastes
warrens commons mines minerals )uarries fur*es trees woods
underwoods coppices and the !round and soil thereof fishin!s fisheries
fowlin!s courts leet courts baron and other courts view of fran%pled!e and all
that to view of fran%pled!e doth belon! mills mulctures customs tolls duties
reliefs heriots fines sums of money amerciaments waifs estrays chief#rents
)uitrents rentschar!e rents sec% rents of assi*e fee farm rents services
royalties $urisdictions franchises liberties privile!es easements profits
advanta!es ri!hts emoluments and hereditaments whatsoever to the manor
appertainin! or reputed to appertain or at the time of conveyance demised
occupied or en$oyed with the same or reputed or %nown as part parcel or
member thereof&
For the purposes of this subsection the ri!ht to compensation for manorial
incidents on the e"tin!uishment thereof shall be deemed to be a ri!ht
appertainin! to the manor&
(+) This section applies only if and as far as a contrary intention is not e"pressed
in the conveyance and has effect sub$ect to the terms of the conveyance and to
the provisions therein contained&
(,) This section shall not be construed as !ivin! to any person a better title to
any property ri!ht or thin! in this section mentioned than the title which the

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conveyance !ives to him to the land or manor e"pressed to be conveyed or as
conveyin! to him any property ri!ht or thin! in this section mentioned further
or otherwise than as the same could have been conveyed to him by the
conveyin! parties&
(-) This section applies to conveyances made after the thirty#first day of
.ecember ei!hteen hundred and ei!hty#one&
1'
1&
Act applied by /uildin! Act 101+ (c& ,,) s& 123(') Land 4e!istration Act 10', (c& '1) ss& (- (1 -0(() S&4& 5 6
10',7120( A!riculture (8iscellaneous 9rovisions) Act 10+1 (c& ,2) s& 1(+) Finance Act 10+0 (c& +3) s& +2(+)(b)
:i!hways Act 10,0 (c& ',) s& 111(() and :ousin! Act 10-+ (c& ,-) s& 12(,); e"tended by 9ublic :ealth Act 10(- (c&
+0) s& '01(+) <ords of enactment omitted under authority of Statute Law 4evision Act 10+1 (c& -') s& (
'&
S& -' applied by Land 4e!istration Act 10', (c& '1) ss& 10(() ''(() and Leasehold 4eform Act 10-3 (c& 11) s&
12(1); saved by =oal Act 10(1 (c& ,') Sch& ' 9t& I
=rown =opyri!ht material is reproduced with the permission of the =ontroller of :8S6 and the >ueen?s 9rinter for Scotland
S)12ect3 4eal property
4eywor'&3 =onveyances; Interpretation

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A$$otat0o$
Sect0o$ ,2
Ca&e Note3
@The established rules as to the operation of section -' are not in dispute in this
case& In a case based on the claimed ri!ht bein! Aen$oyed with? the land
conveyed the operation of the section turns upon whether the claimed ri!ht was
en$oyed in fact& As re!ards section -'(+) of the 10', Act which refers to the
possibility of a contrary intention the search is for a contrary intention
Ae"pressed in the conveyance?& The fact that the claimed ri!ht is not e"pressly
!ranted does not amount to the e"pression of a contrary intention& Further the
e"press !rant of a more limited ri!ht would not by itself amount to the
e"pression of an intention contrary to a wider !rant&B (Loveluc%#Cdwards v Ideal
.evelopments Ltd D'21'E C<:= 31- (=h)&)
Ca&e Note3
@1 This appeal arises out of a nei!hbours? )uarrel over a disputed bridleway
alon! two interconnectin! lanes :eadbolt Lane and =arr Lane situated on the
land of one of them& It has thrown up a le!al point on the operation of s&-' of
the Law of 9roperty Act 10', and its potential for the automatic creation of new
easements on the sub#division of land previously in sin!le ownership& F
@+ Sub$ect to the e"pression of a contrary intention in the operative conveyance
s&-' can operate (in the words of one academic commentator) to Aup!rade? a
facility such as a continuous and apparent )uasi#easement actually en$oyed with
the land into a le!al easement for the benefit of that land& The facility obviously
could not have been a le!al easement while the properties in )uestion were in
common ownership and occupation because the essence of an easement is that
it is a ri!ht e"istin! over someone else?s land& F
@The devolution of title to the land now owned by the parties shows that this is
the %ind of situation in which dependin! on the evidence s-' could operate to
create in favour of the Appellants le!al easements over the two lanes on the
land belon!in! to the 4espondents&
@+2 As pointed out by 8r Gac%son the Appellants? difficulty is the lac% of relevant
evidence showin! that either :eadbolt Lane lyin! to the south of their land or
=arr Lane with which it connects were ever used as bridleways for the benefit of
the Appellants? land& :avin! raised the point it was for the Appellants to produce
evidence showin! that prior to the 10,( sales by the Scarisbric% Trustees there
was bridleway use of the lanes for the benefit of that part of their land sold by
those trustees to their predecessor on title 8rs :illier& They did not do that as
appears from the $ud!e?s findin!s of fact at para!raphs (, +, and ,1 )uoted in
para!raph (+ above& The Appellants had their chance to brin! forward relevant
evidence at the trial but on the $ud!e?s findin!s they were unable to show any
bridleway use of the lanes before their ac)uisition&B (=ampbell v /an%s D'211E
C<=A =iv -1&)
Ca&e Note3
@Its purpose (li%e that of s&- of the =onveyancin! Act 1111 which it replaced)
was to include in a conveyance of land the !eneral words which prior to 1111
had to be e"pressly included in order to confer on the purchaser the benefit of
)uasi#easements and similar privile!es which had previously been e"ercised over
the retained land for the benefit of the land sold& Those ri!hts are now included
in the conveyance or transfer of the property as a term of the !rant which
incorporates the !eneral words& Althou!h described as a species of implied !rant

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the court is simply called upon to identify which privile!es easements ri!hts and
advanta!es were in the words of s&-'(1) appertainin! to the land sold or
en$oyed with it at the date of the sale& Sub$ect to those ri!hts bein! capable of
ta%in! effect as a le!al easement then they are included in the conveyance& The
operation of s&-' therefore depends upon proof of the prior e"ercise of such
ri!hts and the most common cases of implied !rant under the statute are where
the dominant tenement has been let prior to the sale with the benefit of ri!hts
over the servient tenement which are then retained as incidents of the freehold
of the dominant tenement when it is sold& This was the case relied upon by 8rs
Alford&
@This has led to the view that s&-' cannot operate to pass the benefit of )uasi#
easements to the purchaser unless there has been diversity of occupation prior
to the sale& <here that condition is satisfied (as under a lease) it is possible to
identify the ri!hts which the common owner has allowed his tenant to e"ercise
over the retained land& Assumin! that the use is sufficiently substantial to
amount to an easement or other ri!ht en$oyed with the demised land then it will
be cau!ht by the !eneral words incorporated into the conveyance under s&-'(1)&
ACn$oyed with? does not mean en$oyed as a term of the lease& It can include a
ri!ht e"ercised by the tenant with the permission of the landlord durin! the
currency of the lease: see International Tea Stores =o v :obbs (102() ' =h 1-,;
<all v =ollins D'223E C<=A =iv +++&
@/ut where there has not been diversity of occupation prior to the sale the
!enerally held view is that s&-' can only operate to !rant easements over the
land retained by the vendor where the e"ercise of the relevant ri!hts has been
continuous and apparent in the sense described in <heeldon v /urrows& There
are dicta to this effect in Sovmots Investments Ltd v Secretary of State for the
Cnvironment D1030E A= 1++ at pa!es 1-0 and 13- and the e"istence of
continuous and apparent easements or )uasi#easements as an e"ception to the
re)uirement for diversity of occupation has been reco!nised in the decision of
this court in 9 and S 9latt Ltd v =rouch D'22(E C<=A =iv 1112 at para!raph +'&B
(Alford v :annaford and Anor D'211E C<=A =iv 1200&)
H '21( Sweet 5 8a"well