Wright v Macadam [1949] 2 KB 744

Court of Appeal

Basic Facts : D, the landlord, rented a top-floor flat to C and allowed C to use a garden shed for coal storage. When C and her daughter were granted a new tenancy with an additional room, the tenancy document did not mention the shed. C continued to use the shed without charge until 1947, when D requested payment. C refused to pay and sought a declaration that their tenancy included the right to use the shed, along with damages.

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

Held :The court held that an implied easement could arise where the use of the right (storage of coal) was necessary and continuous.

Jenkins LJ

• Rights enjoyed by license or informal arrangement can pass under s.62 LPA 1925.

• Even rights enjoyed by permission may be considered if they were essential for the use of the property.