CPO s.16: turning a licence into an easement

When a tenant has a licence to use some other land of the landlord, any later grant to the tenant (such as a lease renewal) will result in the licence becoming an easement. This is because of the operation of CPO s.16. This depends on the relevant right being known to the law (capable of being an easement). This will not operate where in the circumstances of the case there could have been no expectation that the right would be other than temporary.

In Wright v Macadam ([1949] 2 KB 744 CA (Eng)) M leased a flat to W. He also gave her permission to store coal in a coal shed. The lease was renewed. W sought a declaration that the effect of the English equivalent of CPO s.16 was to turn the licence into an easement. It was held that she had an easement. When a tenant has a licence to use some other land of the landlord, any later grant to the tenant (such as a lease renewal) will result in the licence becoming an easement. This is because of the operation of CPO s.16. This depends on the relevant right being known to the law (capable of being an easement). This will not operate where in the circumstances of the case there could have been no expectation that the right would be other than temporary.

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One Response to “CPO s.16: turning a licence into an easement”

  1. hkfan Says:

    thank you

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