CPO s.16 and transfer to lessee

Where L has granted leases of neighbouring plots A and B and then conveys his reversion of plot A to the tenant, CPO s.16 has the effect that easements which the tenant of plot A had enjoyed as tenant are thenceforth attached to the reversionary interest and are reserved out of the reversion of plot B. If the tenant of plot B was already subject to those rights (because of an express or implied reservation of them in the lease of plot B) then he continues to be subject to them. If the tenant of plot B acquires the reversion of plot B then it is acquired subject to the reservations implied by virtue of CPO s.16 in the earlier conveyance of plot A.

Kent v Kavanagh ([2006] EWCA Civ 162 Ca (Eng)) concerned a path between two houses (numbers 56 and 58 Dovercourt Road). Long leases of the two houses had been created many decades ago. The boundary between them ran down the middle of the path. Each tenant had an implied right of way over the other’s half of the path. The tenants of both houses had then acquired the freehold reversion of their properties. The question was whether, by virtue of the English equivalent of CPO s.16, the purchasers of 56 (the first of the neighbours to acquire the freehold reversion) enjoyed as freeholders the rights that they had previously enjoyed as tenants. It was held that they did because of the combined effects of the conveyance of the reversion of number 56 and the English equivalent of CPO s.16. Thus, the freehold reversion of number 58 was subject to the right of way in favour of the owners of number 56. The tenants of number 56 continued to be subject to the right of way because it had been impliedly reserved out of the lease to them.  As a matter of general law, however, the freehold of number 56 did not enjoy any right of way over the freehold of number 58 in the absence of an express or implied reservation of such a right.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s


%d bloggers like this: