Goldberg v Edwards [1950] Ch 247

Court: Court of Appeal

Basic Facts: The case involved whether an arrangement to occupy a flat constituted a lease or a license, focusing on the intention of the parties and the terms of the agreement.

• Parties: C (Claimant), L (Landlord), Y (New Occupant).

• Context: C had access to a house through L’s property. When L leased the property to Y, C’s access was restricted.

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

Held: The court determined that a licensee who had exclusive possession and paid rent could be regarded as a tenant, depending on the circumstances.

 Evershed MR

• Implied Grant: Only necessary rights of way for reasonable enjoyment of property are implied. Since an alternative access was available, the right was not necessary.

• s.62 Application: Rights enjoyed at the time of conveyance can be covered by s.62, but rights must be more than temporary or personal.