Borman v Griffith [1930] 1 Ch 493

Court: Chancery Division

Basic Facts: J agreed to lease a property, including gardens, to C for seven years. J later leased another property to D, which included land through which C accessed his property. D blocked C's access.

Issue for the Court: How can an easement be acquired?

Held: The court held that an implied right of way could arise from necessity when the landlocked nature of a property required access to the highway through adjoining land.

Maugham J

• Section 62 LPA Inapplicable:

• The agreement did not constitute a "conveyance" as defined by LPA 1925.

• Wheeldon v Burrows Principle:

• An easement can be implied where two properties owned by the same person are being granted separately, and a visible and necessary access road exists over one property for the benefit of the other.

• A right of way is impliedly granted unless explicitly excluded, even if not continuous, as it is necessary for the reasonable enjoyment of the property.