Sovmots v Secretary of State [1979] AC 144

Written By Nicolas Heyes

Court: House of Lords

Basic Facts: Compulsory purchase order was involved, and the specific facts are not directly relevant to the issue of easement acquisition.

Issue for the Court: When can easements be acquired?

Held: The court ruled that collective enfranchisement could extinguish existing leasehold interests, depending on the statutory context.

Lord Wilberforce:

  • The rule in Wheeldon v Burrows, which applies where land is voluntarily granted, does not apply when land is compulsorily acquired.

  • Section 62 of the Law of Property Act 1925 does not apply to compulsory purchase cases because it assumes voluntary separation of ownership, which is not present in compulsory acquisition.

Nicolas Heyes
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