Platt v Crouch [2003] EWCA Civ 1110

Court of Appeal

Basic Facts: the owners of a hotel, Platt, purchased additional land that included a riverbank and mooring rights from the neighboring property owner, Crouch. The question arose as to whether the rights to use the moorings (which were used by the hotel guests) had been transferred as part of the land sale, despite not being expressly mentioned in the conveyance.

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

Held: The court found that rights of mooring and fishing were capable of existing as easements benefiting the dominant tenement.

Peter Gibson LJ held:

• Easements can be acquired if they are continuous and apparent and were enjoyed with the property before transfer.

• Section 62 of the LPA 1925 can convert rights into full easements if they were previously enjoyed with the property.

Longmore LJ added:

• If no agreement exists that rights will end upon transfer, and the rights are continuous and apparent, they become easements.