Long v Gowlett [1923] 2 Ch 177

Key point

  • There must be diversity of either ownership or occupation between the dominant and servient lands for a right to pass as an easement under s62 LPA 1925
  • This dicta was departed from in Wood v Waddingtonwhich held that there need to be neither diversity of ownership nor occupation

Facts

  • Long was the owner of a water-mill
  • He claimed a right of access across fields for repairing the riverbank and cutting weeds
  • The previous owners of both the mill and fields had done do
  • Long claimed that upon sale of the mill the right passed to him under s62 LPA 1925

Held (High Court)

  • There was no easement implied under s62 LPA 1925

Sargant J

  • The common owner cut the weeds not in exercise of any ‘privilege, easement or advantage’ over one part of the land in connection to the other
  • Thus, there must be diversity of ownership or occupation for a right to pass under s62 as an easement
  • Where land is held in common ownership and sold to two purchasers a right of way will not be implicated where there is no visible path unless there was separation of occupation